MESSAGE MATCH — LEGAL TERMS

Terms and Conditions

Last updated January 01, 2025

Agreement to Our Legal Terms

We are Technology Financial Solutions LLC, doing business as MessageMatch (“Company,” “we,” “us,” “our”).
We operate the website messagematch.com (the “Site”), its Associated Domains (including app.messagematch.com), and related products and services (e.g., our browser extensions) that reference these Legal Terms (collectively, the “Services”).

MessageMatch provides client-side website personalization that renders Service Outputs (Dynamic Variations) — e.g., replacing designated on-page text/elements based on rules, parameters, and traffic context. A single JavaScript snippet executes changes in the browser; no content management system (CMS) or server code is modified. Certain features may require optional integrations. Service functionality may be affected by third-party changes (such as browsers, ad-blockers, site builders, and scripts) outside our control.

You can contact us by email at [email protected] or by mail to PO Box 20981, Sedona, AZ 86341, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Technology Financial Solutions LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

We recommend that you print a copy of these Legal Terms for your records.

1. Our Services

2. Intellectual Property Rights

3. User Representations

4. User Registration

5. Purchases and Payment

6. Subscriptions

7. Software

8. Prohibited Activities

9. User Generated Contributions

10. Contribution License

11. Guidelines for Reviews

12. Third-Party Websites and Content
12A. Integrations & Third-Party Dependencies

13. Services Management

14. Privacy Policy

15. Copyright Infringements

16. Term and Termination

17. Modifications and Interruptions
17A. Deprecation & Changes to Features

18. Governing Law

19. Dispute Resolution
19A. Model/Automation Output Notice

20. Corrections

21. Disclaimer

22. Limitations of Liability

23. Indemnification

24. User Data

25. Electronic Communications, Transactions, and Signatures

26. SMS Text Messaging

27. California Users and Residents

28. Miscellaneous
28A. Security; Subprocessors; Incident Notice
28B. Export; Sanctions; Government Use
28C. Resale, Agency, and White‑Label / OEM Programs

29. Contact Us

Appendix A — Abbreviations

1. Our Services

The Services provide client-side website personalization that renders Service Outputs (Dynamic Variations) — such as replacing on-page text or elements — based on your rules, parameters, and traffic context. A single JavaScript snippet executes changes in the browser; no CMS or server code is modified. Optional integrations (e.g., analytics, tag managers, customer relationship management systems (CRMs)) may be enabled by you. Functionality can be affected by third-party changes (browsers, ad-blockers, site builders, scripts) outside our control.

2. Intellectual Property Rights

Definitions

Service Materials: The Services and everything we provide within them (platform, software, source code, rule engine, models, application programming interfaces (APIs) / software development kits (SDKs), dashboards, documentation, designs, templates, sample copy, and other materials originating from us).

Customer Site Content: Content on properties you own or control (e.g., your website/app), including copy (text), images, data, and materials you supply to the Services.

Service Outputs (Dynamic Variations): On-page text or element changes rendered by the Services on your properties based on your rules, inputs, and integrations (e.g., swapped headlines, CTAs).

Service Data: Logs, telemetry, configurations, rules, prompts, responses, performance metrics, and system events generated by or through the Services.

Optimization Data: Aggregated, de-identified, and/or derived data created from Service Data, Customer Site Content, and Service Outputs to operate, secure, and improve the Services (including models and automations).

Terminology note: In these Legal Terms, “Content” refers to Service Materials only—not Customer Site Content or Service Outputs.

Our intellectual property

We (and our licensors) exclusively own all intellectual property rights in the Service Materials and Service Outputs (excluding any Customer Site Content embedded within outputs). The Service Materials are protected by copyright, trademark, and other laws and are provided “AS IS” for your internal business purposes.

Your content and service outputs

You (and your licensors) exclusively own all intellectual property rights in Customer Site Content. You control the rules and inputs that govern what appears on your properties.

Your use of our Services

Subject to these Legal Terms (including “PROHIBITED ACTIVITIES”), we grant you a non-exclusive, non-transferable, revocable license to access and use the Service Materials for your internal business purposes.

Licenses

License to You (Service Outputs): We grant you a non-exclusive, worldwide, royalty-free license to use, display, and reproduce Service Outputs on your properties and in your marketing during your subscription. You may retain archival/static copies made during the term; generating new outputs requires an active subscription. No rights to our templates, models, or rule engine are transferred.

Manual Adoption of Service Outputs (Static Adoption License): We do not provide an in-product “Adopt” function. If you manually copy any Service Output into your site or CMS, you receive a perpetual, worldwide, royalty-free, non-exclusive license to reproduce and display that specific text as part of Customer Site Content (an “Adopted Output”). Title to Service Outputs otherwise remains with Company. This does not transfer any rights to our templates, models, rule engine, or training data. Company’s Optimization rights under §2 continue to apply to Service Outputs and Adopted Outputs. You are responsible for legal and regulatory compliance of any Adopted Output.

Optimization License to Us (Customer Materials): You grant us a perpetual, worldwide, non-exclusive, transferable, sublicensable, royalty-free license to store, process, analyze, and use Customer Site Content, Service Outputs, Adopted Outputs, and related Service Data to: (a) operate and support the Services; (b) develop, train, and improve models, features, and agentic optimization; and (c) create, use, and commercialize Optimization Data. We will not publicly disclose Customer Site Content, Service Outputs, or Adopted Outputs in a way that identifies you without your prior written consent.

Clarifications

We do not sell personal data. Optimization uses aggregated and/or de-identified data where feasible (see Privacy Policy).

We implement reasonable technical and organizational security measures; our personnel and subprocessors are bound by confidentiality.

You are responsible for your rules/inputs and the claims made to end users on your properties, including any Adopted Outputs.

Reservation of rights

We reserve all rights not expressly granted to you in the Service Materials and Service Outputs. You reserve all rights not expressly granted to us in Customer Site Content.

3. User Representations

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

4. User Registration

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. Purchases and Payment

Third-party processor (Stripe). We use Stripe, Inc. and its affiliates ("Stripe") to process payments. By submitting a payment, you agree to the Stripe Services Agreement and Stripe’s Privacy Policy. We do not collect or store full credit card numbers or CVC; Stripe handles card data and Payment Card Industry Data Security Standard (PCI DSS) compliance.

Payment methods. Stripe may support Visa, Mastercard, American Express, Discover, debit cards, Automated Clearing House (ACH) transfers, and digital wallets (availability varies by region). Available methods will be shown at checkout. All payments are in U.S. dollars unless otherwise indicated.

Billing information. You agree to provide current, complete, and accurate billing information and promptly update it (email, payment method, expiration date) so that we can complete transactions and contact you as needed. Applicable taxes will be added to your purchase price.

Authorization. You authorize us (and Stripe, acting on our behalf) to charge your payment method for all amounts due, including recurring subscription charges under §6, and to automatically attempt re-charges, resolve holds, or issue refunds as appropriate. We may correct pricing errors even after a charge is requested or received.

Fraud/chargebacks. We may refuse or cancel orders, limit quantities, or require verification if fraud or unauthorized activity is suspected. You are responsible for chargebacks, fees, or penalties arising from your account due to your activity or breach of these Legal Terms.

Processor availability. We are not responsible for Stripe outages or third-party network failures; however, we will use reasonable efforts to help resolve payment issues.

6. Subscriptions

Billing and Renewal: Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribed to the Services.

Free Trial: We offer a 14-day free trial to new users who register with the Services. The account will be charged according to the user’s chosen subscription at the end of the free trial.

Cancellation: You can cancel your subscription at any time by logging into your account from the settings tab in the dashboard. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at [email protected].

Fee Changes: We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

7. Software

We may provide a browser snippet, Chrome extension, and/or SDKs (collectively, “Software”). We grant you a non-exclusive, revocable, personal, non-transferable license to install and use the Software solely to access the Services and in accordance with these Legal Terms. You will not copy, modify, reverse engineer, redistribute, or create derivative works from the Software except as permitted by law. The Chrome extension may be distributed and auto‑updated via the Chrome Web Store; by installing it you agree to these Legal Terms. Snippet behavior: executes client-side Document Object Model (DOM) updates; may read element attributes, Urchin Tracking Module (UTM) parameters/referrer data, and configuration to render Service Outputs; may emit Service Data for reliability and optimization. Browser/Ad-blocker caveat: ad-blockers, Content Security Policy (CSP), or script collisions may impair functionality.

8. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Scrape third-party content in violation of law, terms, or intellectual property (IP) rights;
Systematically retrieve data or other content from the Services to create or compile a database or directory without our written permission;
Deploy deceptive user interface (UI) (e.g., dark patterns), illegal claims, or discriminatory content;
Copy or adapt Service Materials or Service Outputs beyond the licenses granted in these Legal Terms;
Upload or inject malware, viruses, Trojan horses, prompt‑injection payloads, or obfuscated code intended to impair the Services, exfiltrate data, or evade security review;
Bypass or interfere with security or access controls (e.g., authentication, feature flags, or rate/seat limits) or probe/scan/test the Services without our prior written consent;
Impersonate any person or entity (including MessageMatch) or claim partnership/endorsement without our written permission; use our trademarks only as permitted by written license;
Deploy our snippet or extension on properties you do not own or control or without appropriate authorization;
Input, target, or process sensitive or regulated data (e.g., payment card data, Social Security numbers, protected health information (PHI), children’s data) without a lawful basis and proper configuration;
Bypass, misrepresent, or interfere with required consent/notice mechanisms (including Do Not Track and Global Privacy Control signals);
Attempt to re‑identify de‑identified, aggregated, or anonymized data, including our Optimization Data;
Modify, sideload, or use our browser extension in ways that violate Chrome Web Store or other applicable store policies;
Use the Services in violation of export/sanctions laws (see §28B);
Make regulated claims (e.g., health, financial, legal, housing/credit/employment) without required substantiation and legally required disclosures;
Publish or disclose performance tests or benchmarks of the Services without our prior written consent;
Inject third‑party scripts that mask data flows or frustrate security review; or
Share credentials, resell accounts, or create multiple accounts to evade plan, seat, or usage limits;
Use the Services to offer a competing product or service. Agency use to deliver services to your clients is permitted. Resale or white‑label use requires a separate written agreement (see §28C).

9. User Generated Contributions

Community channels. We host or administer community spaces on third‑party platforms (e.g., LinkedIn, X/Twitter, Discord, Slack, YouTube, the Chrome Web Store) or provide comment/review features in channels we control (collectively, “Community Channels”). The Services themselves do not include built‑in social networking features; any community interaction happens in these Community Channels. Your participation in Community Channels is subject to these Legal Terms and the applicable third‑party platform terms.

Visibility & confidentiality. Contributions you post in Community Channels may be public and visible to others. Do not submit confidential or sensitive information. We may moderate or remove Contributions in channels we control, and we may request removal from third‑party platforms.

Definition of Contributions. “Contributions” include posts, reviews, ratings, comments, suggestions/feedback, text/writings, images/graphics, and audio/video or other material you create, submit, or transmit to us, via the Services, or in Community Channels.

When you create or make available any Contributions, you represent and warrant that:

The creation, distribution, transmission, public display or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights of any third party;
You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by these Legal Terms and, where applicable, by the third‑party platform terms; and
Your Contributions are not false, inaccurate, or misleading; do not constitute unsolicited or unauthorized advertising; are not obscene or otherwise objectionable; are not used to harass or threaten; do not violate any law; do not solicit personal information from anyone under 18; and do not include offensive comments connected to protected classes. You agree to comply with applicable platform rules and Community Channel guidelines.

For reviews and ratings, also see §11 Guidelines for Reviews.

10. Contribution License

Scope. This section applies to Contributions you submit (a) within the Services (e.g., comments, uploads, forms) and (b) in Community Channels we host or administer (see §9). For Contributions in Community Channels, this license applies to the extent permitted by the platform’s terms; if there is a conflict, the platform’s terms govern your grant to us. Contributions are non‑confidential and non‑proprietary. Do not include sensitive or confidential information.

License to Company. By posting or submitting a Contribution, you grant the Company an unrestricted, worldwide, perpetual, irrevocable, non‑exclusive, transferable, royalty‑free, fully‑paid license (with the right to sublicense) to host, use, copy, reproduce, disclose, publish, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), distribute, and create derivative works from the Contribution for any lawful purpose, including operation of Community Channels, moderation, support, documentation, marketing, and product improvement. This license applies to materials you upload into the Services or Community Channels and does not alter ownership of Customer Site Content or any Service Outputs.

No compensation; moral rights. You grant this license without compensation and, to the extent permitted by law, waive any moral rights (including rights of attribution or integrity) in your Contributions.

Feedback. If you provide suggestions, ideas, or other feedback related to the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty‑free license to use the Feedback for any purpose without obligation or attribution.

Attribution & publicity. This section does not grant us any right to use your trademarks or logos to claim or imply endorsement; any such use requires your prior written consent (or separate agreement).

Moderation & removals. We may choose whether to publish, promote, de‑index, or delete Contributions at any time; we have no obligation to retain or provide copies. We may moderate, edit for clarity or format, or remove Contributions in channels we control and may request takedown on third‑party platforms consistent with their rules.

Personal data in Contributions. Personal data contained in Contributions will be processed per our Privacy Policy. Avoid sharing personal data (PI/PII) about others without their consent.

11. Guidelines for Reviews

We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with criteria including firsthand experience, no offensive or discriminatory language, no references to illegal activity, no conflicts of interest for negative reviews, no false or misleading statements, and no organized review campaigns. We may accept, reject, or remove reviews at our discretion.

12. Third-Party Websites and Content

The Services may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as content belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services. Links to or embeds from Community Channels (see §9) are Third‑Party Websites and subject to the applicable platform terms.

12A. Integrations & Third-Party Dependencies

Types of integrations.

Company‑managed tools. We may use certain providers to operate the Services (e.g., GoHighLevel/LeadConnector for onboarding, messaging, and support). These providers act as our service providers/subprocessors; our Privacy Policy applies to their processing on our behalf.
Customer‑enabled integrations. You may connect your own systems (e.g., analytics, customer relationship management systems (CRMs), customer data platforms (CDPs), tag managers) or your endpoints via webhooks/API. You control the configuration and the data exchanged; your use is subject to those third‑party terms.

Webhooks & API. Webhooks and API access are available only on select higher‑tier plans or in special circumstances with our written approval. When you enable webhooks or our API, you authorize us to transmit Service Data and any fields you configure to the destinations you specify. We do not access your CRM or other systems unless you enable an integration. Disable an integration to stop new data flow; historical data may persist per §24 and our Privacy Policy. You are responsible for endpoint availability, authentication, and security.

Responsibility & consents. You must have a lawful basis and platform permissions for any data you send to third parties and for any downstream messaging (e.g., email/SMS via your CRM). We are not responsible for third‑party changes, outages, deliverability, or data handling. We do not endorse or control third‑party tools; your use of integrations is subject to third‑party terms and policies.

13. Services Management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who violates the law or these Legal Terms; (3) refuse, restrict access to, limit availability of, or disable any Contributions; (4) remove or disable files and content that are excessive in size or burdensome; and (5) otherwise manage the Services to protect our rights and property and to facilitate proper functioning.

14. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy: https://messagematch.ai/privacy-policy. The Services generate Service Data and Optimization Data used to operate, secure, and improve features, including agentic optimization and model training. By using the Services, you agree to be bound by our Privacy Policy. The Services are hosted in the United States; by continuing to use the Services from other regions, you consent to the transfer and processing of your data in the United States.

15. Copyright Infringements

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please notify us using the contact information provided below. A copy of your notification may be sent to the person who posted or stored the material.

16. Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. We may also suspend or terminate for security risk, abuse, or third-party rights complaints related to outputs.

17. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We cannot guarantee the Services will be available at all times and will not be liable for any downtime or discontinuance.

17A. Deprecation & Changes to Features

We may deprecate or materially change features, SDKs, or APIs. For deprecations with material impact, we will use reasonable efforts to provide prior notice and a migration path. Continued use after the effective date constitutes acceptance.

18. Governing Law

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Arizona applicable to agreements made and performed within the State of Arizona, without regard to its conflict of law principles.

19. Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute related to these Legal Terms (each a “Dispute”), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. Except where otherwise required, the arbitration will take place in Yavapai County, Arizona.

Restrictions: Arbitration shall be limited to the Dispute between the Parties individually. No class actions or representative proceedings.

Exceptions: Disputes concerning intellectual property (IP) rights, theft, piracy, invasion of privacy, unauthorized use, or claims for injunctive relief.

19A. Model/Automation Output Notice

Service Outputs and automated recommendations are probabilistic and may be inaccurate, incomplete, non‑unique, or inappropriate for your use case. Results can vary by traffic context, browser environment, and integrations.

Your responsibilities. (a) Perform human review before any material use; (b) ensure claims/disclosures comply with applicable advertising and consumer‑protection laws; (c) use outputs only for website messaging and conversion rate optimization (CRO) and do not treat outputs as professional advice or as a substitute for required legal/compliance review; and (d) avoid providing sensitive data in prompts/configurations unless lawfully permitted and necessary.

Automated decisions. The Services are intended for website messaging and CRO. Do not use Service Outputs to make regulated eligibility decisions (e.g., credit, employment, housing, healthcare) or other decisions that have legal or similarly significant effects on individuals.

Safety & variability. We may filter, block, or modify outputs for safety, abuse prevention, or rate limits. Caches, models, and heuristics may change over time, which can cause variations.

No IP/uniqueness warranty. We do not guarantee that outputs are unique or free of third‑party rights. You are responsible for ensuring you have the necessary rights for any use.

Data use. Prompts, configurations, and outputs may be logged to generate Service Data and Optimization Data as described in §2 and the Privacy Policy.

For clarity, any Adopted Outputs remain subject to §2 (Licenses) and §§21–23 (Disclaimer, Limitations of Liability, Indemnification).

20. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors and to change or update information at any time, without prior notice.

21. Disclaimer

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that Service Outputs or any Adopted Outputs will be accurate, lawful, unique, or suitable for a particular purpose; outputs may vary by traffic context, browser environment, and third-party changes.

22. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. Without limiting the foregoing, we are not liable for losses arising from content‑load latency, rendering conflicts, Core Web Vitals changes, SEO or advertising performance variations, or downtime attributable to third‑party networks, browsers, extensions, CDNs, tag managers, or your site code.

EXCLUSIONS FROM THIS CAP INCLUDE: YOUR PAYMENT OBLIGATIONS AND YOUR BREACH OF §2 (intellectual property), §8 (Acceptable Use Policy, AUP), OR CONFIDENTIALITY.

23. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties; (5) your violation of the rights of a third party; or (6) any harmful act toward any other user of the Services. This includes claims arising from your adoption or use of any Adopted Outputs (e.g., IP infringement, false advertising, regulatory breaches).

24. User Data

We maintain Service Data to operate, secure, and improve the Services; we also generate Optimization Data. We retain these data for as long as necessary for the purposes described in §2 and our Privacy Policy, then delete or de-identify. Upon written request and subject to law, we will: (a) export available configuration/rule data; and (b) delete or de-identify associated Service Data reasonably within our control. Deletion requests do not affect Optimization Data already aggregated/de-identified.

25. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

26. SMS Text Messaging

There may be information on the Services that contaProgram Description: By opting into any LeadConnector text messaging program, you expressly consent to receive text messages (SMS) to your mobile number. LeadConnector text messages may include: account alerts, appointment reminders, marketing communications, order updates, responses to inquiries and special offers.

Opting Out: If at any time you wish to stop receiving SMS messages from us, simply reply to the text with “STOP.” You may receive an SMS message confirming your opt out. After this, you will no longer receive SMS messages from us. If you want to join again, please sign up as you did the first time and we will start sending SMS messages to you again.

Message and Data Rates: Message and data rates may apply. Carriers are not liable for delayed or undelivered messages. If you have any questions about your text plan or data plan, contact your wireless provider.

Support: If you have any questions or need assistance regarding our SMS communications, please reply with HELP or email [email protected]. See our Privacy Policy for more information.ins typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors and to change or update information at any time, without prior notice.

27. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

28. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision shall not operate as a waiver. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. If any provision is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity of the remaining provisions. There is no joint venture, partnership, employment, or agency relationship created by these Legal Terms or use of the Services. You agree these Legal Terms will not be construed against us by virtue of having drafted them.

28A. Security; Subprocessors; Incident Notice

We implement reasonable administrative, technical, and physical safeguards appropriate to the nature of data processed. We may use vetted subprocessors to provide the Services and will make a current list available upon request. For security incidents affecting your data, we will notify you without undue delay after confirmation, providing known details and remediation steps.

28B. Export; Sanctions; Government Use

Export & sanctions compliance. You represent and warrant that neither you nor any party you control is (a) located in, organized under the laws of, or ordinarily resident in any country, region, or territory that is currently or subsequently subject to comprehensive sanctions or embargoes under U.S. or other applicable sanctions laws (as administered or updated from time to time by, e.g., the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC)), or (b) listed on, controlled by, or acting for or on behalf of any person/entity identified on any restricted‑party list (including, without limitation, OFAC’s Specially Designated Nationals (SDN) List, the U.S. Commerce Department’s Entity List or Denied Persons List, or the U.S. State Department’s Debarred List), as such lists may be amended from time to time. You agree not to export, re‑export, transfer, or provide access to the Services (including technical data) in violation of U.S. Export Administration Regulations (EAR), U.S. and other applicable sanctions laws, or end‑use/end‑user restrictions.

End‑use restrictions. You will not use the Services for, or permit access to the Services by or for the benefit of, prohibited end uses (including in connection with nuclear, missile, chemical/biological weapons, or military/intelligence end uses where prohibited by applicable law). You will not use the Services to facilitate human‑rights abuses or unlawful surveillance.

Screening & enforcement. We may screen, geoblock, or suspend access to comply with export/sanctions laws and may request information reasonably necessary for compliance. Sanctioned jurisdictions and restricted‑party lists change over time; we may update safeguards accordingly. Geo/IP controls are not foolproof; you are responsible for implementing any additional controls needed for your compliance. You are responsible for obtaining any required authorizations.

Government use. The Services, documentation, and Software are “commercial computer software,” “commercial computer software documentation,” and “commercial items” as those terms are used in FAR 12.212 and DFARS 227.7202. Consistent with those provisions, U.S. Government end users acquire the Services with only those rights set forth in these Legal Terms.

This §28B survives termination.

28C. Resale, Agency, and White‑Label / OEM Programs

Agency use (baseline). Agencies may use the Services to deliver services to their clients under these Legal Terms (no separate agreement required). Agencies must not resell accounts or misrepresent the Services as their own platform.

White‑Label / OEM (embedded deployment). If you intend to deploy our technology stack inside your own or another company’s platform—for example by embedding our snippet, APIs, or SDKs; hosting a dedicated instance; enabling SSO; or presenting a co‑branded or unbranded UI—you must first execute a separate written White‑Label/OEM License with us. Until that agreement is in effect, you may not resell, sublicense, assign, white‑label, or embed the Services.

Each White‑Label/OEM License will specify: (a) permitted branding and attribution (including whether “powered by MessageMatch” appears); (b) territories and eligible customer segments; (c) pricing/discounting and any revenue share; (d) support responsibilities (e.g., L1 partner / L2‑L3 Company), SLAs, and incident notice; (e) data boundaries and telemetry/Optimization Data handling; (f) technical scope (allowed APIs/webhooks, hosting model, SSO, and change control); (g) compliance and security requirements; and (h) term, termination, and transition/exit.

IP & data. No ownership of Service Materials, Service Outputs, models, or templates transfers. Our Optimization Data and related rights remain with us. You must ensure your end customers accept terms no less protective of the Company than these Legal Terms or other terms we approve in writing. Embedded use does not grant rights to our models/templates beyond the license scope.

29. Contact Us

Technology Financial Solutions LLC
PO Box 20981 Sedona, AZ 86341
United States
[email protected]

Appendix A — Abbreviations

Abbreviation

AAA

ACH

APIs

SDKs

CMS

CRM

CDP

CSP

DOM

FAR / DFARS

PCI DSS

UTM

Meaning

American Arbitration Association

Automated Clearing House

Application Programming Interfaces

Software Development Kits

Content Management System

Customer Relationship Management system

Customer Data Platform

Content Security Policy

Document Object Model

Federal Acquisition Regulation / Defense Federal Acquisition Regulation Supplement

Intellectual Property

Payment Card Industry Data Security Standard

User Interface

Urchin Tracking Module

Effective date: January 1, 2025