Terms Of Service
Last updated: 26-10-11
Welcome to ModMount.io, the review automation service operated by MODMOUNT LLC (“ModMount,” “we,” “us,” or “our”).
These Terms govern access to and use of ModMount by business customers (“Client,” “you,” or “your”) and the people authorized to use the Service for that Client. ModMount.io is separate from ModMount.com. Section 11.2 also governs participation in the optional ModMount.com Affiliate Program.
By creating an account, accessing the portal, connecting a provider, importing data, using the Service, authorizing a checkout, buying a plan or add-on, or clicking or checking any acceptance control that references these Terms, you agree to these Terms.
If you do not agree to these Terms, do not access or use ModMount.
If you use ModMount on behalf of a business, you represent that you have authority to bind that business. The business is the Client under these Terms.
1. Quick Summary
This summary is here to make the Terms easier to understand. It is not a substitute for the full Terms.
- ModMount helps local businesses request Google reviews, manage review replies, display review proof, create review-derived social assets, and receive reports.
- You are responsible for the customer data, provider accounts, business profiles, sender domains, content, review practices, and instructions you give ModMount.
- ModMount depends on providers such as Google, Resend, ThriveCart, Supabase, Cloudflare, OpenAI, and related service providers. Provider changes can affect features.
- ModMount may pause sending, publishing, or other features to protect recipients, sender reputation, provider access, security, or the Service.
- Current pricing and plan details are shown on the website, in the portal, in the checkout, or in the applicable manage-plan flow.
- Qualifying Google review subscriptions include a managed website under Section 12; a $1,000 buyout lets you retain the delivered website after leaving.
- Subscriptions renew automatically until canceled. Section 11 explains Monthly and Annual plans, trials, guarantees and cancellation.
- Approved affiliates may earn commissions on paid optic milling referrals through the separate ModMount.com Affiliate Program described in Section 11.2.
- Except for qualifying small claims, disputes must be resolved through individual arbitration, not a class, collective, consolidated, or representative proceeding.
2. Definitions
- Account means the business profile, settings, users, locations, connected providers, provider state, subscription state, records, assets, reports, credits, and related configuration for a Client.
- Authorized User means anyone the Client permits to access or use the Service, including Owners, Managers, and Staff. Operators act for ModMount and are not Client-authorized users under this definition.
- Client means the business that owns or controls the Account.
- Connected Provider or Provider Platform means a third-party system connected to or used by the Service, including Google Business Profile, Google Sheets, Resend, ThriveCart, Supabase, Cloudflare, OpenAI, Intercom if used, and similar providers.
- Customer Data means contact, order, purchase, review, reply, email-event, suppression, widget, asset, report, provider, billing, support, operational, and account data supplied by, collected for, or processed on behalf of a Client.
- End Customer means a Client’s customer, contact, reviewer, purchaser, subscriber, or other recipient.
- Generated Asset means a reply draft, caption, feed image, story image, report, widget output, file, export, email asset, or other output generated, formatted, rendered, or assembled through the Service.
- Google Business Profile means Google’s business listing platform and related APIs used to sync business profiles, locations, reviews, replies, metrics, and related state.
- Operator means ModMount personnel or approved contractors acting for setup, support, quality control, managed service delivery, recovery, troubleshooting, or account operations.
- Owner means an Authorized User with account-level authority, including billing, team, provider, location, setup, and high-risk account actions.
- Portal means the authenticated ModMount account area, dashboard, or protected application surface.
- Purchase Terms means the plan, price, feature, allowance, billing, refund, add-on, or other terms displayed and accepted at checkout, in a manage-plan flow, or in an order form.
- Review Request Credits means account-limited service credits used only for eligible review-request overflow after the included monthly allowance is exhausted.
- Review Request Flow means one review request tied to a real customer event or approved import, plus one eligible follow-up where configured.
- Security Incident means confirmed unauthorized access to, acquisition, alteration, disclosure, or loss of Customer Data in a party’s control that materially affects the Service, Account, or Customer Data.
- Service means ModMount.io, the Portal, review automation, social asset generation, widgets, reports, support, provider integrations, downloads, managed websites under Section 12, operational workflows, and related services.
3. Eligibility And Accounts
ModMount is for business use by approved local businesses. You must be at least 18 years old, legally able to enter this agreement, and authorized to bind the Client.
You must keep Account and billing information accurate, secure credentials, use reasonable access controls, remove access when no longer needed, and promptly report suspected unauthorized access or misuse. You are responsible for your activity and that of your Authorized Users. ModMount is responsible for its Operators’ actions under these Terms.
Client Data and provider permissions are governed by Section 5; prohibited conduct is governed by Section 14. ModMount does not provide legal, tax, advertising-compliance, deliverability, platform-policy, or business-compliance advice.
4. Service Scope And Setup
Depending on your Purchase Terms, setup, providers, and readiness state, ModMount may provide:
- Review-request workflows tied to real customer events or approved imports.
- Google Business Profile connection, location selection, review sync, reply drafting, reply approval, reply publishing, moderation-state tracking, and reporting.
- Website widgets that display eligible review proof.
- Managed website development and hosting under Section 12.
- Review-derived feed and story assets, captions, and downloads.
- Weekly reporting and downloadable files. Reports are informational operational summaries based on available provider and account data, and may reflect provider delays, missing data, failed sends, suppressions, setup issues, or other delivery issues.
- Review Request Credits for eligible review-request overflow.
- Support, troubleshooting, account configuration, provider recovery, and Operator assistance.
Setup may include provider connections, sender domains, intake sources, templates, brand settings, widgets, reports, social asset settings, team access, and billing links. You authorize Operators to perform setup, onboarding, provider recovery, sender-domain and email-readiness work, customer-intake validation, feature configuration, review-request delivery, quality control, support, security, abuse prevention, and service recovery.
Operators will not intentionally make high-risk changes outside the Service scope unless authorized by an Owner, required by provider rules, or needed to protect the Client, recipients, providers, ModMount, or the Service from legal, security, abuse, payment, or platform risk.
Production automation requires completed setup, eligible service access, ready provider connections, required permissions, and the sending safeguards in Section 7. Completing onboarding alone does not establish payment or activate service. Trial and paid activation follow verified checkout.
Standard onboarding and integration setup calls are included where offered in the Purchase Terms. Nonstandard requests, custom implementation, unusual migrations, emergency work, large manual cleanups, custom exports, custom reports or templates, unsupported provider work, or work outside the purchased scope may require a separate quote or written approval.
5. Client Data And Consent
You are responsible for all Customer Data and instructions you provide to ModMount.
You warrant that:
- Your End Customer data comes from real customer relationships or another lawful source you are authorized to use, subject to Section 14.
- You have the rights and authority needed to connect or provide each domain, sender identity, business profile, location, provider account, data source, integration, and Client material, and to instruct ModMount to process them.
- You have made any disclosures and obtained any consents required for ModMount to process Customer Data and send messages on your behalf.
- Before you enable features that show reviewer names, photos, review media, review text, ratings, or similar testimonial details, you must establish the lawful basis for that display and obtain any required consent, notice, or permission.
- Your data, instructions, communications, review practices, and published content comply with applicable laws, provider policies, industry requirements, and customer-facing obligations.
You authorize ModMount to perform the selected service activities on your behalf. Each party remains responsible for the legal obligations that apply to its own role; these Terms do not transfer or exclude responsibilities imposed by law.
You must cooperate promptly on complaints, data requests, billing disputes, security incidents, and provider or sending recovery. Failure to cooperate may result in action under Section 17.
5.1 Data Processing For Clients
Where ModMount processes Customer Data as Client’s processor or service provider, the Client determines the purposes and instructions for that processing. ModMount independently determines the purposes and means of processing it performs for account administration, billing, support, security, fraud prevention, legal compliance, and enforcement.
For covered processor or service-provider processing, ModMount will:
- Process Customer Data under the Client’s documented instructions in these Terms, account settings, support requests, and approved workflows, and as reasonably needed to provide, configure, support, secure, monitor, troubleshoot, and enforce the Service; prevent fraud, abuse, security threats, unwanted contact, and provider risk; perform analytics, debugging, service improvement, and development permitted by law; and meet legal, provider, audit, and operational requirements.
- Notify the Client if ModMount reasonably believes an instruction violates applicable data-protection law, unless law prohibits notice.
- Not sell covered personal data or share it for cross-context behavioral advertising, and not retain, use, or disclose it outside the direct business relationship where applicable law prohibits that activity.
- Use aggregated or deidentified data for permitted purposes without attempting to reidentify it.
- Require personnel and contractors with access to covered Customer Data to protect its confidentiality and limit access to what they reasonably need for authorized work.
- Maintain reasonable administrative, technical, and organizational safeguards appropriate to the Service and the nature of the covered Customer Data.
The Client generally authorizes ModMount to engage the subprocessors identified in the Privacy Policy and other public subprocessor notices. ModMount will require subprocessors to protect covered Customer Data consistently with applicable obligations, remains responsible for their covered processing to the extent required by law, and will provide reasonable notice of material subprocessor changes. A Client may raise a legally grounded objection to a material change, and the parties will work in good faith on a reasonable resolution. If no reasonable resolution is available, either party may end the affected Service.
ModMount will provide reasonable assistance with valid individual-rights requests, security assessments, regulatory inquiries, and other data-protection obligations relating to covered processing, taking into account the nature of the processing and the information available to ModMount.
After termination of the affected Service or a verified Client request, ModMount will delete or return covered personal data within 90 days unless these Terms, the Privacy Policy, applicable law, provider requirements, or legitimate security, billing, suppression, audit, dispute, backup, or operational needs permit or require continued retention. Any retained covered data remains subject to the applicable protections in these Terms.
On reasonable written request, ModMount will provide documentation reasonably needed to demonstrate compliance with this Section. Audits must first use available reports, certifications, policies, questionnaires, and similar evidence. Any onsite or third-party audit is limited to what applicable law requires or what is reasonably necessary when that evidence is insufficient, and must protect confidentiality, security, other clients, and service availability.
If another part of these Terms conflicts with this Section for covered processor or service-provider processing, this Section controls that covered processing.
6. Connected Providers
By connecting a provider, asking ModMount to connect one, or using a provider-backed feature, you authorize ModMount to access, use, transmit, and process the provider data and instructions needed to provide that feature. This may include connecting selected accounts and resources; configuring sender domains; receiving approved customer or order events; drafting, queuing, approving, publishing, or tracking review replies; generating social assets; rendering widgets; and syncing purchase or subscription state.
You must keep connected accounts in good standing and maintain the permissions required by Section 5.
Managed intake and source compatibility depend on access, permissions, usable sample payloads, field mapping, and ongoing provider availability. ModMount may decline, delay, or limit an intake path until an Operator confirms that the source can provide usable customer or order data.
Once ModMount submits a message, reply, asset, or other instruction to a provider, it may not be reversible. ModMount may not be able to cancel, recall, edit, hide, delete, or undo activity after the provider receives, accepts, publishes, processes, or queues it.
Provider terms, policies, limits, and enforcement decisions also apply. Provider outages, moderation, access restrictions, permission changes, disconnections, payment issues, and technical failures may delay or block affected features.
A provider-side issue does not by itself constitute a breach of contract or create a refund, credit, cancellation, or service-credit right, subject to Section 11, accepted Purchase Terms, and applicable law.
ModMount is independent. Unless expressly stated in writing, ModMount is not affiliated with, endorsed by, sponsored by, certified by, approved by, or partnered with Google, Google Business Profile, Resend, ThriveCart, or any other referenced provider or brand. Provider names identify only integrations, compatibility, workflows, or services.
6.1 Google Business Profile
Connecting Google Business Profile authorizes ModMount to access, sync, use, and process data from selected business profiles and locations for review sync, reply workflows, widgets, Generated Assets, reports, and account support. You may not use ModMount to access, claim, monitor, manage, or analyze unrelated businesses or leads.
For service reporting, product analytics, and marketing, ModMount may count a genuine Google review as added during the Client’s service period if Google first published it for a connected location on or after the later of the Account signup date or the date that location was connected to ModMount. This is a time-period attribution rule, not a representation that ModMount caused every such review. ModMount may use aggregated or deidentified counts and net review-count changes in marketing.
Google-sourced review display content follows the retention practices disclosed in the Privacy Policy. Operational records such as resource identifiers, timestamps, account links, audit logs, reply status, suppression state, and aggregated reporting data are not a permanent archive of that display content.
ModMount provides a reasonable disconnect process. After a verified request, ModMount will use reasonable efforts to disassociate the connected Business Profile account from its services within 7 business days unless provider downtime, incomplete authority verification, or required Client action prevents completion. Disconnecting may stop Google-dependent features.
If ModMount responds to Google reviews on your behalf, you authorize that action through account setup, a user action, an approval workflow, an auto-publish setting, or another specific consent path. You remain responsible for the final content of approved or auto-published replies. Unless an approved account setting changes the policy:
- 1-3 star replies remain drafts.
- 4-5 star replies may auto-publish after the configured delay only when enabled.
- Blank or whitespace-only replies do not publish.
- Google-rejected replies may return for revision.
Google controls review and reply moderation, visibility, ranking, and API access. The limitations in Section 18 apply.
If Google Business Profile API access changes, is restricted, is delayed, or becomes unavailable, ModMount may continue available service through drafts, dashboard records, reports, exports, reconnect guidance, manual workflows, support guidance, or other reasonable alternatives. Some Google-dependent features may remain limited, delayed, incomplete, or unavailable.
7. Review Requests And Sending
Review Request Flows are tied to real customer events, approved imports, or permitted manual actions. An existing customer relationship does not by itself determine an email’s legal classification. Applicable messaging requirements depend on its content and purpose; both parties must meet their responsibilities under Section 5.
Ongoing flows include one initial request and one configurable follow-up. Requests must identify your business accurately and should not include product promotions, coupons, or unrelated marketing copy.
Production sending uses an authenticated domain. You may start with an address on ModMount’s shared ask.modmount.io domain and optionally connect your own domain later. A custom domain must be verified before sending from it; ModMount may require a matching business website or page. Eligible requests may queue while that domain is being verified.
If a contact already left a matched Google review for the same location, subsequent automated intake records the event without starting another same-location flow. Opt-out, hard bounce, complaint, provider suppression, and manual Do Not Contact suppress further review requests account-wide for that contact.
ModMount may pause or limit sending under Section 17 to protect recipients, sender reputation, and provider access. Recovery may require list cleanup, proof of consent, domain repair, a clean-list attestation, or ModMount or provider review. A sending pause does not itself cancel the subscription. Unless another restriction applies, other eligible features remain available and requests may remain queued.
Review requests must be neutral and directed to genuine customers without regard to expected rating or sentiment. The review-practice restrictions in Section 14 and outcome limitations in Section 18 apply.
7.1 Phone Outreach
Phone outreach may use ringless voicemail. Attempts don’t guarantee delivery, responses, reviews, or purchases.
For ongoing subscriptions, included phone reactivation outreach ends when the Account reaches 25 new reviews across its locations, measured against the recorded starting review counts, or when its purchased plan’s customer outreach allowance is exhausted, whichever occurs first. The allowance is a maximum, not a commitment to contact every customer.
8. Review Request Credits
Review Request Credits are account-limited service credits for eligible request flows after the included monthly allowance is exhausted. One credit covers one initial review request and its eligible follow-up. Replies, assets, and other features remain subject to the purchased plan; buying credits does not unlock them.
- Credit availability and purchases follow the applicable Purchase Terms.
- New Accounts may receive one no-cost starter grant of 100 Review Request Credits when offered during onboarding.
- Included monthly allowance is used before paid credits. If both are exhausted, eligible requests may queue until the next monthly reset.
- Purchased credits do not expire while the Account remains open and in good standing, subject to these Terms and Purchase Terms.
- Credits are service allowances, not cash, stored value, gift cards, banked money, securities, or transferable property. They cannot be redeemed for money, sold, assigned, or exchanged outside the Account.
- Credits may be invalidated if their purchase is refunded, reversed, charged back, fraudulent, or otherwise unsettled.
Credits do not bypass plan eligibility, consent, suppression, payment, sending safeguards, or other Service limits.
9. Widgets And Assets
By enabling widgets, social assets, reports, downloads, or related features, you authorize ModMount to display, transform, format, render, transmit, and reuse eligible review content for your own business website, social media, reporting, dashboard, and related service outputs.
Enabling reviewer details instructs ModMount to display them for your business, subject to the rights, notices, and permissions required by Section 5.
Current service rules:
- Widgets display eligible review proof while the relevant review content is currently available and within the allowed cache window.
- You and authorized Operators may hide or archive reviews from widget display without deleting underlying lifecycle metadata.
- Eligible reviews may become branded feed assets, story assets, captions, report files, dashboard downloads, and other Generated Assets on eligible plans.
- Widgets may include a Powered by ModMount label or link unless a written plan or order term says otherwise.
- Review and testimonial use must comply with Section 14.
Sections 10 and 18 govern AI outputs and asset limitations. You remain responsible for the final use of Generated Assets under Section 5.
Making a file available in the Portal, sending it by email, attaching it to a report, or otherwise providing a reasonable download or access path counts as delivery of that file or Generated Asset.
10. AI And Automation
AI-generated replies, captions, emails, summaries, suggestions, and other outputs may be inaccurate, incomplete, repetitive, unexpected, or unsuitable. They are drafts and operational aids, not factual guarantees, final business statements, or legal, compliance, tax, safety, or other professional advice.
You are responsible for reviewing, editing, approving, publishing, rejecting, or disabling AI-generated content and for checking factual claims, offers, prices, regulated statements, and other material content before use. You remain responsible for content you approve or authorize ModMount to publish automatically.
Enabling an automated approval or publishing setting authorizes ModMount to act under that setting until you change or disable it. ModMount may block output that creates legal, provider, recipient, security, or platform risk.
ModMount does not use Client-owned Customer Data to train public or general-purpose AI models unless you expressly authorize that use in writing.
11. Plans And Billing
Standard ongoing pricing is $99/mo for the first location plus $75/mo for each additional location. Choose Monthly billing or Annual billing at 12 times the Monthly price ($1,188/year for one location). Standard checkouts support up to 12 locations. More than 12 locations? Call us for bulk pricing. No contract · Cancel anytime. Ongoing subscriptions renew Monthly or Annually, according to the billing option and price accepted at checkout, until canceled. Annual billing is paid upfront for each service year. Billing is based on paid service locations. New eligible accounts receive a 14-day card-on-file trial only after provider verification. The package includes up to 1,000 started review-request flows per paid location per calendar month, a separate 500-customer reactivation allowance per location, widgets, replies, reports and unlimited team members. Monthly and Annual plans include the same features and allowances. Review-request allowances reset each calendar month, including on Annual plans; Annual billing does not provide a full year’s requests upfront. Follow-up emails do not consume another request flow. Existing consumed usage stays intact when changing plans or locations.
Only pay after you get 25 reviews: We will get you 25 real reviews from your existing customers during your free trial, or we will keep working for free until you do. If the first 25 new reviews take longer than the initial 14-day trial, we continue working without charging subscription fees until you reach them. Contact us to arrange any further trial extension; a billing deadline changes only when the provider confirms it. Paid billing begins no earlier than the end of the 14-day trial and, if extended under this guarantee, after you reach 25 new reviews, subject to the provider-confirmed billing date. Service continues during that time.
100 Reviews in Year 1 Guaranteed: If you don’t get 100 new reviews in year one, we’ll pause billing until you do. Contact us to arrange the pause if your account has fewer than 100 new reviews at the end of its first service year. Billing resumes after you reach 100 new reviews. Existing reviews before service began do not count toward either guarantee.
Added paid locations require verified no-trial replacement checkout. Same-count location swaps do not change billing. Reductions apply at the next provider-confirmed renewal only after confirmation; a pending or unsupported request does not change billing. Disconnecting a Google location stops activity but does not reduce the billed count. Cancel through Manage Billing or contact us before the next charge. Cancellation normally takes effect at the end of the paid period and does not refund unused time. Cancel before the trial ends to avoid its first subscription charge. Payments after trial are non-refundable except where law or accepted Purchase Terms require otherwise.
The privately offered one-location plan costs $59 per month and includes up to 500 review-request flows per calendar month and a separate one-time allowance of up to 500 reactivation customers. Its other features, trial and cancellation terms follow this section and the accepted checkout. The standard plan’s reactivation allowance is also one-time, separate from monthly review requests.
Billing is handled through ThriveCart or another approved provider. Purchase Terms state the applicable prices, billing periods, features, allowances, add-ons and payment arrangements. Standard Review Automation pricing is per paid service location. Custom multi-location plans follow their agreed Purchase Terms. By subscribing, you authorize recurring charges at the Monthly or Annual interval accepted at checkout. ModMount may change future renewal pricing with advance notice; completed purchases are not repriced retroactively.
Fees exclude taxes unless checkout or the invoice says otherwise. You are responsible for taxes, duties, transaction, currency, and payment-provider charges applicable to your purchase, except taxes on ModMount’s income.
Before purchase, checkout will disclose the plan, charge, billing interval, whether charges renew, and applicable refund and cancellation terms. ModMount or its provider may retain the accepted Terms version, checkout details, timestamp, and consent record. Unresolved billing issues may restrict access or service under Section 17.
11.1 Referral Program
A referred gun shop must enter your Account Owner email during onboarding, before checkout. Each distinct new shop account qualifies once, after its first successful paid subscription charge following its trial. Trials, zero-dollar transactions, later rebills, unrelated purchases and test transactions do not qualify. You cannot refer yourself or another Account you own. Approved external Affiliates are tracked separately without customer subscription rewards.
Standard Offer
Each qualifying referral earns three months free for one location. Every referral earns its own reward; no pair is required. On a one-location plan, two qualifying referrals earn six months.
Seven-Day Introductory Offer
From the end of your confirmed free trial through 11:59 p.m. Eastern on the seventh day after it ends, each new shop that enters your Owner email locks in six months free for one location. A confirmed trial extension moves this window with it. Your Account and offer emails show the ending date in Eastern time.
The referred shop may finish its own trial and pay later without losing the locked six-month classification. A delayed or failed charge on your Account does not restart the window.
Reward Calculation And Confirmation
For multiple paid locations, divide three or six months by your paid location count, frozen when the billing reward request is created. For example, a standard reward gives two locations 1.5 months and four locations 0.75 months; an introductory reward gives two locations three months and four locations 1.5 months. The referred shop’s location count does not increase the reward.
Whole months use calendar months. Fractional months use 30-day months, rounded down to whole seconds. Later location changes do not recalculate an existing request. Additional rewards extend the latest confirmed billing pause. Service continues during confirmed reward pauses.
A qualifying referral is not itself proof of a billing adjustment. Rewards remain pending or blocked until the provider confirms the actual billing effect. We send confirmation with the verified resume date only after that confirmation. Rewards provide service time, not cash or transferable credits.
11.2 ModMount.com Affiliate Program
Participation requires ModMount’s approval and an assigned affiliate code or link. This program covers paid optic milling referrals and operates independently of your ModMount.io subscription and the referral program in Section 11.1. Cancelling your subscription does not end your affiliate participation.
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Commission: Commission is calculated at the agreed-upon rate on eligible optic milling charges actually paid after discounts, excluding taxes, shipping, payment processor fees, prepaid-credit purchases, credit redemptions, and other products or charges. A different rate or temporary promotion applies only when confirmed by ModMount in writing, subject to its stated dates and limits. Existing prepaid-credit arrangements continue separately.
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Attribution and resale: Orders must be attributed through your assigned affiliate code or an approved tracking link. Legitimate paid orders you place for resale qualify, and you may set your own resale price. Fake orders, attribution manipulation, and other attempts to manufacture commissions are prohibited. Report missing or incorrect commissions within 30 days of the order.
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Payouts: Eligible commissions from the prior calendar month are reconciled monthly. The settlement date is the first of the month, or the next business day if it falls on a weekend or federal holiday. Allow up to three additional business days for payment processing. The minimum payout is $100; smaller balances roll over without expiration while you participate. Final eligible balances are payable on the next regular payout cycle after reconciliation, regardless of the minimum.
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Payment setup and taxes: Payouts are made by ACH bank transfer. Complete the requested W-9 and secure bank-payment setup before your first payout, and keep your information accurate. You are responsible for your taxes and expenses. Missing or incorrect information may delay payment.
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Refunds and adjustments: Commissions may be withheld or reversed for refunds, chargebacks, cancellations, duplicate payments, fraud, or attribution errors. Reversals apply to the affected commission amount. Amounts already paid may be deducted from future commissions or requested as repayment. Disputed amounts may be held during review.
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Promotion: Clearly disclose that you earn a commission when recommending ModMount or sharing your code or link. Make accurate claims, follow applicable advertising and privacy rules, and do not use spam or misleading promotions. You act independently and cannot make commitments on ModMount’s behalf.
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Changes and termination: Either party may end participation by written notice. ModMount may suspend participation for suspected abuse or violations. Rate changes apply to future orders after notice; they do not reduce commissions already earned. Eligible unpaid commissions remain payable, subject to the adjustments above. For participants approved under this section, it controls over conflicting general ModMount.com affiliate terms.
12. Website Service
12.1 Included Website
ModMount builds and hosts your website at no additional charge while you maintain a qualifying Google review automation subscription, including authorized trials, guarantee extensions, and referral reward periods when no payment is due.
The build includes Home, About, Contact, collection/category, product, and applicable privacy, shipping, returns, and purchase terms pages. Online stores also include cart, checkout, order confirmation, and customer account/order pages. Information-only and catalog-only sites do not require purchasing functions.
The approved scope (the website work we agree to include) defines initial catalog work, payment connections, revisions, and additional pages or functionality. Out-of-scope work requires separate agreement. Website and review automation onboarding remain separate.
Refinement targets approximately one week after required inputs and approvals are available, not a guaranteed launch date. Demonstrations may contain sample products or simulated functions. Public launch requires your approval and completed launch requirements.
12.2 Client Responsibilities And Costs
You provide accurate business and product information, approved assets and content (such as logos, photos, text, and product information), secure system access, timely approvals, and permission to use supplied materials.
You pay for your domain and third-party costs beyond included development and hosting, including applicable plugins, payment processing, and external subscriptions. Your domain remains yours. Existing business email remains unchanged unless you authorize changes.
You approve shipping, returns, tax, privacy, and purchase requirements and obtain appropriate professional advice. ModMount builds the pages but provides no legal or tax advice.
Payment connections depend on provider approval, required account access, and technical compatibility (support for connecting their services to your website). ModMount does not guarantee acceptance, stock availability, fulfillment, or uninterrupted synchronization (continuous updates between your website and connected services). You remain responsible for products, pricing, transactions, fulfillment, refunds, and applicable business requirements.
12.3 Access And Maintenance
During managed service, you receive a website-use license and a user account to manage your website within your assigned permissions. ModMount manages hosting, agreed website connections, and domain settings. Your account does not provide access to ModMount’s agency administration, private code repositories, or passwords and secret keys.
After delivery, you are responsible for all ongoing catalog and product-page management, including product additions and removals, descriptions, images, prices, stock levels, categories, and attributes (product details such as size or caliber). Ongoing catalog management is not included in ModMount’s service. Any included cosmetic edits (such as changes to text, images, and appearance), other editing assistance, and software maintenance must be stated in the approved scope or a separate maintenance agreement. Structural changes (such as changes to page layouts or how the website works), new features, and additional integrations require separate agreement.
ModMount backs up website code and project documents to GitHub. Product catalogs, website databases (which store website content and records), and uploaded media (such as images and videos) are not included in that backup. Code backup is not a complete website backup. You are responsible for arranging and maintaining backups of your product catalog, website database, and uploaded media.
12.4 Ownership And Buyout
You retain rights in supplied business information and materials. Customer and order information remains subject to Section 5 and applicable data-protection requirements.
Until you complete the $1,000 buyout, ModMount owns the website work it creates and grants you a license to use it while eligible under this section. Your subscription grants ongoing access and use, not ownership. Your materials and third-party components remain subject to their respective ownership and licenses.
If you leave the Google review service and want to keep the website, the one-time buyout is $1,000. Within 30 days after receiving the buyout payment, ModMount delivers the files, database, uploaded media (such as images and videos), and custom code. Hosting and website access continue until delivery, even if your subscription ends during that period. You receive ownership of ModMount’s client-specific work and permanent rights to use and modify reusable ModMount materials included in the site, including through another provider.
ModMount retains its reusable templates, tools, internal workflows, and review automation system. Third-party software and assets retain their licenses. Nothing in these Terms restricts rights independently granted by an applicable open-source or third-party license. Agency credentials, internal systems, and nontransferable accounts or licenses are excluded.
Installation at another host is excluded. You arrange replacement hosting, installation and configuration (moving and setting up the website at your new host), and required licenses or services.
Buyout is optional. Cancellation does not automatically create a $1,000 charge. On request, ModMount provides an export of available products, customers, and orders without requiring buyout.
12.5 Cancellation And Missed Payments
Cancellation takes effect at the end of the current paid period under Section 11. Website hosting and access end then, not when you submit the cancellation request, except while awaiting delivery of a paid buyout under Section 12.4. Pay for the buyout before the paid period ends to avoid interruption.
For your first missed required subscription payment, hosting and access continue for 14 days from the due date, then end if unpaid.
For the second and subsequent missed payments, hosting and access end immediately. Paying overdue balances does not reset the grace-period allowance.
Authorized trials, guarantee extensions, and referral reward periods are not missed payments. Voluntary cancellation receives no additional payment grace period. Restoration of website access requires resolving payment issues and ModMount’s confirmation that service is restored.
12.6 Other Terms
This section controls over conflicting general ownership, export, and website cancellation or missed-payment timing provisions. The buyout package is an exception to Section 17’s exclusion of source code and database dumps from exports.
All other Terms apply, including data protection, security, third-party requirements, warranties, and liability.
13. Service Changes
ModMount may improve, replace, rename, reorganize, limit, suspend, or retire features, providers, workflows, plans, UI surfaces, reports, templates, assets, integrations, or operational processes.
Beta, preview, pilot, proof, experimental, early-access, or unreleased features may change, fail, be limited, be unavailable, or be removed at any time.
Sales conversations, demos, examples, prototypes, public roadmap items, planned features, expected timelines, support comments, and help-center articles do not create a binding commitment unless included in a signed written agreement or Purchase Terms.
14. Acceptable Use
You may not use ModMount to:
- Send messages to people who are not real customers or who were obtained unlawfully.
- Send spam, cold outreach, unsolicited bulk messaging, phishing, malware, credential-theft attempts, scams, or deceptive messages.
- Use purchased, rented, scraped, harvested, guessed, brokered, or unauthorized lists.
- Buy, sell, broker, fabricate, seed, manipulate, or fake reviews, materially misrepresent a reviewer’s experience, present it out of context, or imply an endorsement, affiliation, guarantee, or outcome that does not exist.
- Condition incentives, compensation, discounts, refunds, benefits, or treatment on positive or negative review sentiment.
- Use review gating, coercion, insider campaigns, selective solicitation based on expected sentiment, or deceptive suppression or rerouting of negative reviews. Incentives and other review practices must comply with Google rules and applicable law.
- Publish replies, emails, assets, claims, or offers that are false, misleading, unlawful, threatening, harassing, discriminatory, infringing, deceptive, or platform-prohibited.
- Upload, import, connect, or process data you are not authorized to use.
- Access or attempt to access another account’s data or bypass security, billing, sender-quality, provider, suppression, rate-limit, or permission controls.
- Scrape, crawl, harvest, copy, index, or automate access to the Service beyond ordinary browser use, public widget use, or an approved integration path.
- Reverse engineer, decompile, disassemble, probe, scan, stress test, load test, interfere with, disrupt, or attempt to discover non-public source code, systems, vulnerabilities, keys, tokens, models, prompts, infrastructure, or security controls.
- Ignore sending safeguards, cleanup requirements, suppressions, opt-outs, or provider deliverability rules.
- Create accounts, domains, imports, sender identities, or workflows to evade limits, pauses, suspensions, provider rules, or these Terms.
- Misrepresent affiliation with ModMount, Google, Resend, ThriveCart, or another provider.
- Use the Service in a way that could harm recipients, providers, ModMount, other customers, sender reputation, provider access, security, or the integrity of the Service.
15. Security And Confidentiality
ModMount uses reasonable safeguards appropriate to the Service. No internet-connected system, provider, or workflow can be guaranteed perfectly secure or always available.
Each party will maintain reasonable safeguards for data and systems under its control and promptly notify the other of a Security Incident.
After confirming a Security Incident, ModMount will notify Client without undue delay and provide available information about the incident, affected data, mitigation, and recommended actions. Client remains responsible for notices to its customers unless law assigns that duty to ModMount.
The parties will cooperate in good faith, avoid misleading public statements, and preserve relevant evidence. Notice of an incident is not an admission of fault or liability.
Each party may receive non-public information from the other, including business information, customer information, setup details, provider information, pricing terms, workflows, support details, security information, and operational information. The receiving party must use that information only for the relationship under these Terms and protect it with reasonable care. This does not restrict information that is public, already known without a duty of confidentiality, independently developed, lawfully received from another source, or required to be disclosed by law, provider process, or court order.
16. Ownership And Licenses
You retain ownership of your lawful business information, brand assets, customer data, provider content, and materials you provide to ModMount, subject to the permissions needed for ModMount to provide the Service.
ModMount retains ownership of its software, source code, automation logic, workflows, prompts, prompt structures, templates, layouts, rendering systems, design systems, documentation, internal tools, operational processes, report formats, know-how, trademarks, branding, and other ModMount intellectual property.
You grant ModMount a limited license to host, process, use, transmit, transform, format, display, publish, reproduce, and create outputs from Customer Data and Client-provided materials as needed to provide, secure, support, operate, enforce, and improve the Service.
Generated Assets may combine Client materials, Customer Data, provider content, ModMount templates, ModMount layouts, and ModMount systems. Subject to these Terms, you may use delivered Generated Assets for your own business purposes. You do not receive ownership of ModMount’s underlying software, templates, automation logic, rendering systems, prompts, reusable structures, or internal workflows.
ModMount will not publicly use your name or logo in marketing as a customer reference without your permission.
ModMount may use your product suggestions, feature requests, and other product feedback without attribution or compensation. This permission does not override Section 15 or authorize public use of Client Data. Publishing your identifiable testimonial, name, image, or recording requires separate permission covering the intended use.
If you believe content in the Service infringes your copyright or other intellectual-property rights, contact ModMount through the portal support channel or email help@modmount.io with enough detail for ModMount to identify the material, the claimed right, the affected account or URL if available, your contact information, and a statement that you are authorized to act for the rights holder.
17. Cancellation And Termination
Cancellation, suspension, or termination may disable affected sending, sync, publishing, widgets, assets, reports, integrations, credits, and support. Stored data follows Section 5.1 and the Privacy Policy; billing and refunds follow Section 11.
Disconnecting a provider may immediately disable dependent features.
If you request an export, ModMount may provide reasonable access to available account data in a format ModMount chooses. Export rights do not include custom database dumps, raw provider payloads, internal logs, secrets, tokens, prompts, source code, proprietary workflows, security records, abuse records, or ModMount-owned systems.
ModMount may monitor, reject, quarantine, limit, pause, or terminate affected activity or access for violations of these Terms or provider policies, unresolved billing issues, or material risks to recipients, data, security, sender reputation, provider access, or lawful operation. Recovery may require corrective action, Client cooperation, or provider review. These actions do not by themselves create a refund entitlement beyond Section 11.
18. Warranties And Liability
The Service is provided on an “as is” and “as available” basis to the maximum extent permitted by law.
ModMount disclaims all warranties to the maximum extent permitted by law, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or usage of trade.
ModMount does not warrant that the Service will be uninterrupted, error-free, secure, timely, compatible with every provider, available at all times, or free from data loss or provider disruption.
Except for the guarantees in Section 11 or another express commitment in accepted Purchase Terms, ModMount does not guarantee review results, ratings, search ranking, customer behavior, revenue, deliverability, inbox placement, provider approval, provider access, AI output accuracy, reply acceptance, or widget availability. Generated Assets are not guaranteed to be unique, protectable, copyrightable, non-infringing, platform-compliant, or error-free.
Unless a signed written agreement, checkout-specific term, or order-specific term expressly says otherwise, ModMount does not provide an uptime service level agreement, guaranteed response time, or service credits for downtime, delay, provider failure, or feature unavailability.
To the maximum extent permitted by law, ModMount will not be liable for indirect, incidental, consequential, special, exemplary, punitive, or similar damages, including lost profits, lost revenue, lost business, lost goodwill, lost data, provider loss, ranking changes, customer claims, or business interruption.
To the maximum extent permitted by law, ModMount’s total liability for all claims relating to the Service will not exceed the amounts paid by the Client to ModMount for the affected Service during the three months before the event giving rise to the claim.
Some jurisdictions do not allow certain exclusions or limitations. In those jurisdictions, the limitations apply to the maximum extent permitted.
19. Indemnity
You will defend, indemnify, and hold ModMount harmless from claims, losses, damages, penalties, liabilities, costs, and expenses, including reasonable fees, arising from or related to:
- Customer Data or Client-provided materials.
- Your instructions, provider connections, sender domains, imports, recipient lists, or business practices.
- Unauthorized provider access, unauthorized data use, or lack of required rights or consent.
- Your content, offers, replies, emails, assets, reviews, testimonials, advertising, or published materials.
- Your violation of these Terms, provider rules, applicable requirements, or third-party rights.
- Your attempts to bypass sender-quality, suppression, payment, provider, security, or Service controls.
- Claims by End Customers, recipients, providers, Authorized Users, or third parties connected to your use of the Service.
ModMount will promptly notify you of a covered third-party claim and reasonably cooperate at your expense. You may control the defense with qualified counsel, but you may not settle a claim that admits ModMount’s fault, imposes nonmonetary obligations on ModMount, or does not fully release ModMount without ModMount’s written consent. ModMount may participate with its own counsel at its own expense.
20. Disputes
Disputes follow these steps:
- Required informal resolution.
- Optional mediation if informal resolution fails.
- Individual binding arbitration unless the dispute qualifies for small claims.
20.1 Step 1: Informal Resolution
Before starting formal proceedings, the claimant must send written notice describing the dispute, requested resolution, and supporting facts. The parties will negotiate in good faith for at least 10 business days unless immediate provisional relief is needed.
20.2 Step 2: Optional Mediation
If informal resolution fails, either party may request mediation. The parties will select a neutral mediator within 30 days. Mediation will occur in Lehigh County, Pennsylvania, or another agreed location. Mediation costs are shared equally, and each party pays its own attorneys’ fees.
20.3 Step 3: Binding Arbitration
Except for qualifying small-claims matters, unresolved disputes will be decided by one arbitrator under the American Arbitration Association’s applicable rules. Arbitration will occur in Lehigh County, Pennsylvania. The award is final and may be enforced by any court with jurisdiction.
The arbitrator will allocate arbitration costs. Each party will pay its own attorneys’ fees unless law or the award provides otherwise.
20.4 Small Claims
A dispute under $10,000 may be brought individually in a court with lawful small-claims jurisdiction without mediation or arbitration.
20.5 Individual Proceedings
Disputes must be resolved individually. Neither party may participate in a class, collective, consolidated, or representative proceeding.
20.6 Claim Deadline
To the extent permitted by law, a claim must be filed within one year after it accrues.
20.7 Governing Law And Courts
Pennsylvania law governs these Terms without regard to conflict-of-law rules.
Permitted court proceedings, including small-claims actions, provisional relief, arbitration enforcement, and actions to compel arbitration, must be brought in the state or federal courts with jurisdiction over Lehigh County, Pennsylvania. Each party consents to those courts and waives objections based on inconvenient forum.
21. General Terms
21.1 Assignment
You may not assign or transfer these Terms or your Account without ModMount’s written consent. ModMount may assign these Terms to an affiliate, successor, acquirer, or entity involved in a merger, acquisition, reorganization, or asset sale.
21.2 Severability And Waiver
If a provision is unenforceable, it will be modified only as needed to make it enforceable. If it cannot be modified, it will be severed, and the remaining Terms will continue.
A waiver must be written. Failure to enforce a provision is not a waiver.
21.3 Force Majeure
Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, public-health emergencies, government action, war, civil unrest, labor disruption, widespread cyberattack, utility or internet failure, provider outage, or infrastructure failure.
The affected party will provide reasonable notice and resume performance when practicable. Force majeure does not excuse accrued payment, confidentiality, data-protection, security-response, or refund obligations.
21.4 Notices
Legal, cancellation, termination, dispute, and security notices must be written and sent:
- To ModMount:
help@modmount.io - To Client: the primary email associated with the Account
Email notice is effective when sent unless the sender receives a delivery failure. Postal notice is effective three business days after mailing. Each party must keep its contact information current.
21.5 Terms Updates
ModMount may update these Terms as the Service, providers, requirements, or business model changes. Material changes will normally be posted with a revised “Last updated” date and communicated through email, in-app notice, checkout notice, or another reasonable channel.
Changes do not alter completed purchases retroactively unless the applicable purchase terms or law allow it. Continued use after changes take effect constitutes acceptance.
21.6 Survival
Payment, data, confidentiality, ownership, acceptable use, disclaimers, liability limits, indemnity, disputes, governing law, and provisions that should reasonably survive will remain effective after cancellation or termination.
22. Contact
For questions about these Terms, contact ModMount through the portal support channel or email help@modmount.io.
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