1. Overview

These terms of service ("Terms") between you and In Dex Mand LLC. ("INDEXMAND," "we," "us") govern your access to and use of the INDEXMAND website (www.INDEXMAND.com) and its content, functionality, communication channels, software, and services (the "Platform").

By using the Platform, you agree to these Terms. If you do not agree, do not use the Platform. You must be at least 18 years old to use the Platform. INDEXMAND may change these Terms and the Platform at any time, effective immediately upon posting. Continued use signifies acceptance of any changes.

All information collected on the Platform is subject to our Privacy Notice. By using the Platform, you consent to our use of your information in compliance with the Privacy Notice. In case of conflict, these Terms prevail. Do not upload confidential or personal information unless specifically requested by INDEXMAND per the Privacy Notice.

All Platform content is current as of posting to the best of INDEXMAND’s knowledge. References to the "INDEXMAND Team" include INDEXMAND and all associated parties.

2. Services

INDEXMAND offers various product integrations and services ("Services") on the Platform. All Services are subject to these Terms. In case of conflict with additional terms, these Terms govern.

● Right to Modify Services: We may implement new elements that may affect previous operations.

● No Contingency on Further Releases: Your purchase is not contingent on future releases or continuation of any Service.

● As-Is: The Platform is provided "as-is" as further described in Section 20.

● Additional Terms: Specific services may have additional terms. In case of conflict, these Terms take precedence.

3. Intellectual Property

The Platform and its content ("Platform Content") are the property of INDEXMAND or its licensors and are protected by intellectual property laws. INDEXMAND trademarks and service marks ("Marks") may not be used without written permission. If you believe any content violates your intellectual property rights, please notify INDEXMAND.

4. Limited License and Prohibited Uses

INDEXMAND grants you a limited license to access and use the Platform Content. Any other use, including reproduction or modification, is prohibited without prior permission. You may only use the Platform for lawful purposes. You, your employees, and end users agree not to:

● Violate any applicable law or regulation.

● Exploit or harm anyone.

● Send unsolicited or harmful material.

● Impersonate INDEXMAND or others.

● Engage in conduct that restricts others' use or enjoyment of the Platform.

● Use the Platform in ways that could disable or impair it.

● Use unauthorized devices or processes to access the Platform.

● Introduce malicious software.

● Gain unauthorized access to any part of the Platform.

● Attempt to interfere with the Platform’s proper functioning.

5. Customer/End User Conduct

You agree to:

● Maintain necessary licenses and permits.

● Be responsible for your actions and those of your employees and Clients.

● Not misrepresent the Services.

● Provide these Terms to your employees and Clients, ensuring they understand and agree to them.

● Own or control all rights in content you provide to INDEXMAND.

● Be responsible for the quality and integrity of data and information you provide.

● Provide adequate notices and obtain necessary consents for using your Clients' data.

● Cooperate with law enforcement and regulatory requests.

6. Use of Communications Features of the Services

You are responsible for all communications sent using the Services and for complying with laws like the TCPA and CAN-SPAM Act. INDEXMAND is a technology platform provider and does not send communications; you or your Clients initiate them. Any customer data provided to INDEXMAND must include explicit consent from individuals to receive communications.

7. Payment

● Fees: You agree to pay all fees for the Services, including subscription and add-in Services. Fees are exclusive of Communications Surcharges and are nonrefundable.

● Billing: Charges will be billed to your credit card on file. You must provide accurate billing information and notify us of any changes.

● Taxes: You are responsible for all taxes associated with your use of the Platform and Services.

● Overdue Amounts: If your payment is declined, we may suspend or terminate Services and require payment by other means.

● Payment Disputes: Notify us within 60 days of any disputed charges. All invoiced charges must be paid while disputes are pending.

● No Refunds: All fees are nonrefundable, except as described in specific situations.

8. Excessive Data Usage

Excessive data use may cause service issues. We may suspend or reduce your data usage if it negatively impacts Services.

9. Training

Training provided by INDEXMAND is "as-is" with no warranty. You are responsible for how you use training strategies.

10. Data Stored on Our Servers

We are not liable for the deletion or failure to store content. Accounts inactive for over a year or violating Terms may be terminated.

11. Account Registration

Provide complete, current, and accurate information for account registration. All information is governed by our Privacy Notice.

12. Use and Protection of Login Credentials

You are responsible for maintaining the confidentiality of your login credentials and all activities under your account. Notify INDEXMAND immediately of any unauthorized use.

13. User Contributions

You are responsible for any content you submit. You must not post unlawful, threatening, or infringing content. INDEXMAND may remove inappropriate content at its discretion.

14. User Customization

You may customize portions of the Platform. You are responsible for any intellectual property concerns related to your customizations.

15. Promotions

Any correspondence or promotions with third-party advertisers are solely between you and the advertiser. INDEXMAND is not liable for any part of these transactions.

16. Content You Create

You retain ownership of your data and user contributions. You grant INDEXMAND rights to use your data to provide Services and for business purposes. Submission of ideas to INDEXMAND is voluntary and non-confidential.

17. Copyright; (Digital Millennium Copyright Act) DMCA

Notify us of any copyright infringement claims in accordance with the DMCA. Our designated agent for DMCA notices is INDEXMAND.

18. Third-Party Content

INDEXMAND is not responsible for third-party content on the Platform.

19. Links to Other Website

External links are provided for convenience and do not imply endorsement. Use these links at your own risk.

20. Disclaimer

The Platform and Services are provided "as-is" without warranties. INDEXMAND is not liable for any errors, omissions, or damages resulting from your use of the Platform.

21. Limitation of Liability, Indemnification, and Mitigation

Your exclusive remedy is limited to the amount paid for Services in the three months prior to the claim. INDEXMAND is not liable for special, punitive, incidental, or consequential damages. You agree to indemnify INDEXMAND against claims arising from your use of the Platform.

22. Limitation on Time to File Claims

Any claims must be filed within three months of the event giving rise to the claim.

23. Injunctive Relief

INDEXMAND may seek equitable relief for breaches of these Terms.

24. Waiver and Severability

Failure to enforce a provision is not a waiver. Invalid provisions are limited or eliminated to the minimum extent necessary.

25. Entire Agreement

These Terms and the Privacy Notice constitute the entire agreement between you and INDEXMAND.

26. Term and Termination

These Terms remain in effect while you use the Platform. INDEXMAND may suspend or terminate your access for any reason.

27. Applicable Law, Binding Arbitration, and Class Action Waiver

These Terms are governed by Sheridan, Wyoming law. Disputes are resolved by arbitration in Sheridan, Wyoming. Claims must be arbitrated individually.

28. No Bug Bounties

INDEXMAND does not pay for bug reports. Unauthorized access to the Platform is prohibited.

29. Miscellaneous

● Privacy Obligations: Implement your own privacy notice for your Clients.

● International Use: Compliance with local laws is your responsibility.

● Force Majeure: INDEXMAND is not liable for events beyond its control.

● Notices: Send notices to INDEXMAND via email. We will send notices to your provided email.

30. Communications and Contact Information

INDEXMAND may contact you regarding these Terms. To opt out of communications, use the unsubscribe link or contact us at [email protected]. Designate a primary email for Service communications.