Manifestly Terms and Conditions

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Manifestly SaaS service operated by Manifestly LLC (“us”, “we”, or “our”).

1. Acceptance of Terms

By accessing or using the Manifestly SaaS service (the “Service”), you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms, you do not have permission to access or use the Service.

2. Privacy Policy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, store, and use your personal information.

3. Communications

By creating an account on our Service, you agree to receive newsletters, marketing or promotional materials, and other information from us. However, you may opt out of receiving any, or all, of these communications by following the unsubscribe link or instructions provided in any email.

4. Subscription and Billing

Some features of the Service are billed on a subscription basis (“Subscription(s)”). By subscribing to the Service, you agree to pay the fees associated with your selected Subscription plan. The billing cycle for Subscriptions may vary depending on the plan selected.

4.1 Automatic Subscription Renewal

At the end of each Billing Cycle, your Subscription will automatically renew unless you cancel it or Manifestly LLC cancels it. You may cancel your Subscription renewal by using the cancel subscription option within your account or by contacting us at support@manifest.ly.

4.2 Payment and Billing Information

To process your payment, you must provide accurate and complete billing information, including your full name, address, state, zip code, telephone number, and a valid payment method. By submitting this payment information, you authorize Manifestly LLC to charge the Subscription fees incurred through your account to the provided payment method.

4.3 Subscription Updates

If your account exceeds the user limit covered by your current Subscription, Manifestly LLC will automatically update your Subscription on a monthly basis. You will be notified via email, and messages within the system will be displayed when user limits exceed the subscribed amount, prior to the subscription update.

4.4 Fee Changes

Manifestly LLC may modify the Subscription fees for the Service at its sole discretion. We will provide you with a reasonable notice of any changes in Subscription fees before they become effective. Continued use of the Service after such changes constitutes your agreement to pay the modified Subscription fee amount.

4.5 Refunds

Refund requests for Subscriptions may be considered on a case-by-case basis and granted at the sole discretion of Manifestly LLC.

5. Free Trial

Manifestly LLC may offer a free trial Subscription for a limited period of time (“Free Trial”). You may be required to enter your billing information to sign up for the Free Trial. If you enter your billing information, you will not be charged until the Free Trial period expires. On the last day of the Free Trial, unless you cancel your Subscription, you will be automatically charged the applicable Subscription fees.

6. User Responsibilities

6.1 Account Information

When creating an account, you guarantee that you are above the age of 18, and the information you provide is accurate, complete, and current. Inaccurate, incomplete, or obsolete information may result in the termination of your account.

6.2 Account Security

You are responsible for maintaining the confidentiality of your account and password, and restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. Promptly notify us of any breach of security or unauthorized use.

7. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Manifestly LLC and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used without our prior written consent.

8. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation for a breach of these Terms. If you wish to terminate your account, please contact us.

9. Indemnification

You agree to defend, indemnify and hold harmless Manifestly LLC and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of your use and access of the Service, a breach of these Terms.

10. Limitation of Liability

In no event shall Manifestly LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damages, and even if a remedy set forth herein is found to have failed of its essential purpose.

11. Dispute Resolution

11.1 Governing Law

These Terms shall be governed and construed in accordance with the laws of Wisconsin, United States, without regard to its conflict of law provisions.

11.2 Arbitration

For any dispute you have with Manifestly LLC, you agree to first contact us and attempt to resolve the dispute with us informally. If Manifestly LLC has not been able to resolve the dispute with you informally, you agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules then in effect for the AAA.

12. Modifications to the Service

Manifestly LLC reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Manifestly LLC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

13. Third-Party Links

Our Service may contain links to third-party web sites or services that are not owned or controlled by Manifestly LLC. Manifestly LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Manifestly LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such web sites or services.

14. Prohibited Activities

You agree not to use the Service: (i) in any way that violates any applicable federal, state, local, or international law or regulation; (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise; (iii) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter," "spam," or any other similar solicitation; (iv) to impersonate or attempt to impersonate Manifestly LLC, a Manifestly LLC employee, another user, or any other person or entity; (v) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm Manifestly LLC or users of the Service or expose them to liability.

15. Waiver and Severability

No waiver by Manifestly LLC of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Manifestly LLC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason by any law or regulation of any government, or by any court or competent jurisdiction, the provision shall be deemed severable to the extent necessary to make it enforceable, and the remaining provisions of these Terms will continue in full force and effect.

Contact Us

If you have any questions about these Terms, please contact us.