Terms and Conditions for MuseMouth

**Last Updated: April 9, 2025**

## 1. INTRODUCTION

Welcome to MuseMouth ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of the MuseMouth website (https://www.musemouth.com), including any content, functionality, and services offered on or through the website (the "Services").

Please read these Terms carefully before using our Services. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access or use our Services.

## 2. ELIGIBILITY

You must be at least 18 years old to use our Services. By agreeing to these Terms, you represent and warrant that you are at least 18 years old.

## 3. ACCOUNT REGISTRATION

To access certain features of the Services, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account.

## 4. SERVICES AND PAYMENT

### 4.1 Service Description
MuseMouth provides consulting services in conversion optimization, workflow optimization, and AI implementation, as well as educational content and tools related to these areas.

### 4.2 Fees and Payment
Fees for our Services are set forth on our website. All fees are in US dollars and are non-refundable except as expressly provided in these Terms or required by applicable law.

### 4.3 Taxes
You are responsible for paying all taxes associated with your purchase of our Services, excluding taxes based on our net income.

## 5. INTELLECTUAL PROPERTY RIGHTS

### 5.1 MuseMouth Content
All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the compilation thereof (collectively, "MuseMouth Content"), are owned by MuseMouth, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

### 5.2 Limited License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use our Services for your personal or internal business purposes.

### 5.3 Restrictions
You may not:
- Reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit our Services or any portion of our Services, unless expressly permitted by us in writing.
- Use our Services or MuseMouth Content for any purpose not expressly permitted by these Terms.
- Remove any copyright, trademark, or other proprietary notices from any portion of our Services or MuseMouth Content.
- Reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit any content provided to you through our Services that is owned by third parties.

### 5.4 Your Content
You retain ownership of any content that you submit, post, display, or otherwise make available through our Services ("Your Content"). By providing Your Content, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute Your Content in any and all media or distribution methods now known or later developed.

### 5.5 Feedback
If you provide us with any feedback or suggestions regarding our Services ("Feedback"), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback in any manner we deem appropriate.

## 6. USER CONDUCT

You agree not to use our Services:
- In any way that violates any applicable federal, state, local, or international law or regulation.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate MuseMouth, a MuseMouth employee, another user, or any other person or entity.
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm MuseMouth or users of the Services or expose them to liability.

## 7. PRIVACY

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy at https://www.musemouth.com/privacy-policy.

## 8. THIRD-PARTY LINKS AND CONTENT

Our Services may contain links to third-party websites or services that are not owned or controlled by MuseMouth. MuseMouth has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that MuseMouth 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 the use of or reliance on any such content, goods, or services available on or through any such websites or services.

## 9. DISCLAIMERS

### 9.1 No Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

### 9.2 No Guarantee of Results
MuseMouth does not warrant that: (a) the Services will function uninterrupted, secure, or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Services are free of viruses or other harmful components; or (d) the results of using the Services will meet your requirements or expectations. MuseMouth makes no guarantees regarding the results that may be obtained from the use of the Services.

## 10. LIMITATION OF LIABILITY

IN NO EVENT SHALL MUSEMOUTH, 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: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; OR (D) 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 DAMAGE.

IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE DATE OF THE CLAIM.

## 11. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless MuseMouth, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

## 12. TERM AND TERMINATION

### 12.1 Term
These Terms shall remain in full force and effect while you use the Services.

### 12.2 Termination by You
You may terminate these Terms at any time by discontinuing use of our Services and closing your account.

### 12.3 Termination by Us
We may terminate or suspend your access to all or part of the Services, without notice, for any conduct that we, in our sole discretion, believe is in violation of these Terms, applicable law, or is harmful to the interests of another user, a third party, or us.

### 12.4 Effect of Termination
Upon termination, your right to use the Services will immediately cease. Sections 4.2, 5, 7, 9, 10, 11, 12.4, and 13 shall survive termination.

## 13. GENERAL

### 13.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Maryland, United States, without regard to its conflict of law provisions.

### 13.2 Dispute Resolution
Any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Maryland, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.

### 13.3 Waiver of Class Action
YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDER THIS SECTION MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

### 13.4 Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and MuseMouth regarding the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter of these Terms.

### 13.5 Severability
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in effect.

### 13.6 No Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

### 13.7 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, at our sole discretion, without restriction.

### 13.8 Notices
We may provide notices to you via email, regular mail, or postings on our website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

### 13.9 Amendments
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.

## 14. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at updates (AT) musemouth.com.