Terms and Conditions

Terms and Conditions
Last Updated: February 23, 2025

These Terms and Conditions (“Terms”) govern your access to and use of services and products provided by Keystone Marketing Technology, LLC (“KMT” or “we”), including our HeadStart Marketing Platform and the DEI Web Audit Tool (collectively, the “Services”). By purchasing or using any of our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

1. Definitions

  • Services: Refers to the HeadStart Marketing Platform, a marketing automation SaaS product offered with Monthly and Annual subscription options, and the DEI Web Audit Tool, which analyzes domains for DEI-related verbiage using AI.
  • User/Customer: Any person or entity that purchases or uses our Services.
  • HeadStart Marketing Platform: A SaaS product that provides marketing automation services.
  • DEI Web Audit Tool: A tool that scans websites for DEI-related verbiage and uses artificial intelligence to evaluate content. The tool is provided “as is” without any guarantee that it will detect every instance or produce fully accurate evaluations.
  • Payment Processor: Stripe, which handles all payment transactions on our behalf.

2. Acceptance of Terms

By accessing or using our Services, you agree to these Terms, as well as any additional policies referenced herein. These Terms constitute a binding agreement between you and KMT.

3. Description of Services

HeadStart Marketing Platform:

  • A marketing automation SaaS platform available via subscription on a Monthly or Annual basis.
  • Upon cancellation during an active subscription period, you will retain access until the end of the current payment period. No refunds will be issued for cancellations.

DEI Web Audit Tool:

  • A tool designed to search a domain for DEI-related verbiage and to evaluate page content using AI.
  • Due to the nature of automated and AI-driven analysis, the tool is not guaranteed to catch every instance of DEI-related content, and its evaluations may not always be accurate.
  • If you are unsatisfied with the results provided by the DEI Web Audit Tool, please contact us for a refund.

4. Payment Terms and Refund Policy

  • Payments: All payments for Services are processed through Stripe. By using our Services, you agree to Stripe’s payment terms and policies.
  • HeadStart Marketing Platform:
    • Subscriptions are available on a Monthly or Annual basis.
    • In the event of cancellation during an active subscription period, you will continue to have access until the end of that period.
    • No refunds will be issued for cancellations.
  • DEI Web Audit Tool:
    • If you are unsatisfied with the DEI Web Audit Tool, please contact us directly to request a refund.

5. License and Use Restrictions

  • License: KMT grants you a limited, non-exclusive, non-transferable license to access and use the Services solely for your internal business purposes in accordance with these Terms.
  • Prohibited Uses:
    • You may not use our Services for any illegal or discriminatory purposes.
    • You agree not to misuse the Services or help anyone else to do so.
    • You may not resell the results of the DEI Web Audit Tool.

6. Disclaimer of Warranties and Limitation of Liability

  • Disclaimer:
    • Our Services are provided “as is” and “as available” without any warranties, express or implied.
    • We do not guarantee that the DEI Web Audit Tool will identify every DEI-related term or that its AI evaluations will be completely accurate.
    • KMT does not guarantee uninterrupted access to the Services. Interruptions may occur due to issues beyond our control, such as virtual server outages, network connectivity issues, or other technical problems.
  • Limitation of Liability:
    • In no event shall KMT be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services.
    • KMT’s total liability shall not exceed the amounts paid by you for the Services during the preceding three (3) months.

7. Indemnification

You agree to indemnify and hold harmless KMT, its officers, employees, and agents from any claims, damages, liabilities, costs, or expenses arising from your use of the Services or any violation of these Terms.

8. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the appropriate state or federal courts located in Pennsylvania.

9. Dispute Resolution

  • Mediation: In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Services, the parties agree to first attempt to resolve the dispute through mediation conducted by a mutually agreed-upon mediator.
  • Arbitration: If mediation fails to resolve the dispute within a reasonable period, the dispute shall be finally resolved by binding arbitration in accordance with the rules of a recognized arbitration institution. The arbitration shall take place in Pennsylvania, and the arbitrator’s decision shall be final and binding on both parties.

10. Modifications to Terms

KMT reserves the right to update or modify these Terms at any time. Any changes will be posted on our website, and your continued use of the Services after any such changes constitutes your acceptance of the revised Terms.

11. Contact Information

If you have any questions or concerns regarding these Terms or our Services, please contact us at:

Keystone Marketing Technology, LLC (KMT)
120 Harvest Circle – Bala Cynwyd – PA – USA – 19004
eric@keystonemartech.com

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