Terms & Conditions

1. Agreement to Terms and Electronic Acceptance

By accessing, browsing, registering for, subscribing to, installing tracking code for, connecting a website to, or otherwise using VYNTRIS, including any associated software, dashboards, APIs, integrations, analytics systems, AI systems, tracking technologies, scripts, reports, tools, features, websites, and related services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be legally bound by these Terms & Conditions ("Terms"), our Privacy Policy, Cookie Policy, Acceptable Use Policy, AI Disclosure Policy, Data Processing Addendum, and any additional policies or agreements referenced herein, all of which are incorporated into these Terms by reference.

If you do not agree to these Terms in their entirety, you are expressly prohibited from accessing or using the Services and must immediately discontinue all use of the Services, including removal of any tracking code, scripts, integrations, or related technologies associated with the Services.

Your access to or use of the Services constitutes your full, unconditional, irrevocable, and ongoing electronic acceptance of these Terms. By clicking "I Agree," "Accept," "Sign Up," "Get Started," "Continue," or any similar button or mechanism, completing the registration process, connecting a domain or website, installing tracking code, using any analytics or reporting features, uploading data, or otherwise accessing or using the Services, you enter into a legally binding agreement between yourself and Mad Hat Media LLC. You agree that such electronic acceptance and records shall have the same legal force and effect as a handwritten signature and constitute valid and enforceable consent under all applicable electronic signature and electronic records laws.

You further represent and warrant that:

You are at least eighteen (18) years of age and legally capable of entering into binding agreements;
You possess the full legal authority to act on behalf of yourself, your company, organization, client, or any entity connected to the submitted website or data;
You have all necessary rights, permissions, and consents required to submit, connect, track, monitor, process, analyze, and share data related to any website, domain, platform, application, or property connected to the Services; and
Your use of the Services does not violate any applicable law, regulation, contractual obligation, privacy policy, or third-party right.

If you are entering into these Terms on behalf of a business or other legal entity, you represent and warrant that you have authority to bind such entity to these Terms, in which case the terms "you" and "your" shall refer to both you individually and such entity.

2. Company Information and Ownership

VYNTRIS is a proprietary software platform, analytics system, and technology service built, owned, licensed, operated, and maintained by Mad Hat Media LLC ("Company," "we," "us," or "our"). All references to "VYNTRIS" throughout these Terms shall refer collectively to the VYNTRIS platform, website, software, dashboards, APIs, tracking technologies, AI systems, analytics tools, reports, integrations, content, data systems, and all related Services provided by Mad Hat Media LLC.

The Services are protected by applicable intellectual property, copyright, trademark, trade secret, and other proprietary rights and laws. Except for the limited right to access and use the Services as expressly granted under these Terms, nothing contained herein shall be construed as granting any ownership rights, licenses, or interests to you in or to the Services or any portion thereof.

Mad Hat Media LLC retains and exclusively owns all rights, title, and interest in and to the Services, including but not limited to all software, source code, object code, algorithms, systems, architecture, interfaces, functionality, analytics methodologies, AI systems, reporting systems, workflows, automation logic, branding, trademarks, visual designs, documentation, dashboards, reports, content, data structures, and all related intellectual property rights, whether registered or unregistered, worldwide.

No ownership rights are transferred to you through your use of the Services, payment of fees, submission of data, or installation of tracking technologies. All rights not expressly granted to you under these Terms are reserved exclusively by Mad Hat Media LLC.

You shall not copy, reproduce, distribute, modify, reverse engineer, decompile, disassemble, create derivative works from, scrape, republish, sublicense, lease, sell, resell, exploit, or otherwise use any portion of the Services except as expressly authorized in writing by Mad Hat Media LLC.

3. Account Responsibilities

You are solely responsible for maintaining the confidentiality, security, and control of your account credentials, login information, API keys, access tokens, authentication methods, connected integrations, and all activities conducted under your account, whether authorized by you or not.

You agree to provide accurate, current, complete, and truthful information during registration and throughout your use of the Services, and you agree to promptly update such information as necessary to maintain its accuracy. You may not impersonate another individual or entity, create accounts using false or misleading information, or use the Services in a manner that conceals your identity or the identity of the business or website connected to the Services.

You are fully responsible for:

All actions, activities, data submissions, website connections, tracking implementations, API requests, and usage occurring under your account;
Ensuring that only authorized individuals have access to your account or connected systems;
Maintaining the security of your systems, devices, passwords, and authentication credentials;
Any use of the Services by your employees, contractors, agents, affiliates, clients, or third parties acting on your behalf; and
Any damages, liabilities, losses, claims, penalties, or expenses resulting from unauthorized access to your account caused by your actions, omissions, negligence, or failure to maintain proper security measures.

You must immediately notify Mad Hat Media LLC of any known or suspected unauthorized use of your account, security breach, loss of credentials, or other compromise relating to the Services. Mad Hat Media LLC shall not be liable for any loss, damage, liability, claim, or expense arising from:

Your failure to secure your account or credentials;
Unauthorized access to your account;
Interception of data transmitted through your systems or networks;
Actions taken by third parties using your credentials; or
Your failure to comply with industry-standard security practices.

We reserve the right, at our sole discretion and without liability, to suspend, restrict, terminate, investigate, or remove access to any account that we believe may violate these Terms, pose a security risk, expose us to liability, involve fraudulent or abusive activity, or otherwise negatively impact the Services, the Company, or other users.

4. Data Collection, Storage, Monitoring, and Usage Rights

By accessing, using, registering for, connecting a website or domain to, installing tracking technologies for, or otherwise utilizing the Services — whether or not you directly install the VYNTRIS tracking code — you expressly acknowledge, consent, and agree that Mad Hat Media LLC may collect, receive, access, monitor, record, analyze, process, store, transfer, distribute, reproduce, and retain any and all data, information, communications, analytics, and activities associated with your use of the Services, your connected websites, domains, applications, systems, users, visitors, customers, devices, traffic sources, and digital properties.

Such data may include, without limitation:

Website traffic and visitor analytics;
Behavioral analytics and interaction tracking;
Session recordings and replay data;
Mouse movements, clicks, scroll activity, navigation behavior, and user engagement metrics;
Search engine rankings, visibility metrics, and AI visibility metrics;
Device information, browser information, IP addresses, geolocation data, and technical identifiers;
Conversion data, attribution data, referral data, and performance statistics;
API usage data and integration activity;
User-generated content and submitted information;
Website structure, metadata, page content, and publicly accessible website information; and
Any other information, data, metrics, or analytics generated, collected, observed, inferred, derived, or processed through the Services.

You acknowledge and agree that Mad Hat Media LLC may collect and process such data regardless of whether:

The data is submitted directly by you;
The data is collected automatically through scripts, APIs, integrations, cookies, pixels, tracking technologies, or automated systems;
The tracking code is installed directly by you or by a third party acting on your behalf; or
The data originates from your website visitors, users, customers, employees, contractors, affiliates, or other third parties interacting with your connected properties.

You hereby grant Mad Hat Media LLC an irrevocable, perpetual, worldwide, royalty-free, non-exclusive, transferable, sublicensable, and fully paid-up license to access, use, host, copy, reproduce, process, modify, adapt, publish, transmit, distribute, display, create derivative works from, commercialize, sell, license, disclose, share, and otherwise exploit any and all collected or derived data for any lawful purpose, including but not limited to:

Providing, operating, maintaining, securing, and improving the Services;
Developing new products, features, technologies, and services;
Internal research, testing, diagnostics, and quality assurance;
Benchmarking, analytics, reporting, and statistical analysis;
Creating aggregated, anonymized, pseudonymized, identifiable, or non-identifiable datasets;
Developing commercial intelligence, market analysis, and industry insights;
Training, refining, validating, and improving artificial intelligence systems, machine learning models, and automated technologies;
Marketing, advertising, promoting, demonstrating, or showcasing any products or services offered by Mad Hat Media LLC or its affiliates, partners, vendors, successors, assigns, or related entities;
Licensing, sharing, distributing, or selling data, analytics, insights, reports, or derivative datasets to third parties;
Compliance, fraud prevention, risk analysis, legal enforcement, and security monitoring; and
Any other business, commercial, operational, legal, or strategic purpose determined by Mad Hat Media LLC in its sole discretion.

You further acknowledge and agree that:

Mad Hat Media LLC may share, transfer, disclose, license, sell, or otherwise distribute collected or derived data to affiliates, subsidiaries, successors, contractors, vendors, partners, advertisers, analytics providers, data providers, investors, purchasers, acquirers, or other third parties;
Data may be stored, processed, and transferred across multiple jurisdictions and countries;
Data may continue to be retained, archived, processed, or used even after account termination, cancellation, inactivity, or removal of tracking technologies; and
Mad Hat Media LLC has no obligation to delete, return, anonymize, or destroy any collected data unless expressly required by applicable law and agreed to in writing by the Company.

All data collected through or in connection with the Services may be retained indefinitely at the sole discretion of Mad Hat Media LLC. You expressly waive any claim, ownership interest, compensation right, accounting right, royalty right, or other interest relating to the collection, processing, storage, commercialization, monetization, or use of such data by Mad Hat Media LLC.

5. User Compliance Obligations, Consent Requirements, and Indemnification

You acknowledge and agree that you are solely and exclusively responsible for ensuring that your use of the Services, including the installation or use of any tracking technologies, scripts, APIs, cookies, pixels, analytics systems, session replay technologies, AI systems, or related tools, complies with all applicable laws, regulations, industry standards, contractual obligations, and privacy requirements in every jurisdiction applicable to you, your business, your website visitors, your customers, or your connected properties.

You further acknowledge and agree that you are solely responsible for:

Providing all legally required notices, disclosures, and privacy policies to your website visitors and users;
Obtaining all legally required consents, permissions, authorizations, and opt-ins relating to the collection, monitoring, recording, processing, storage, sharing, transfer, replay, or analysis of user data and activities;
Maintaining compliant cookie consent systems, consent banners, and opt-out mechanisms where required;
Responding to consumer privacy requests, deletion requests, access requests, or regulatory inquiries;
Determining whether your use of the Services is lawful within your jurisdiction or industry; and
Ensuring that you possess all rights and legal authority necessary to allow Mad Hat Media LLC to collect, process, use, store, transfer, commercialize, distribute, and retain data as described in these Terms.

Mad Hat Media LLC does not provide legal advice, compliance certifications, privacy compliance guarantees, or representations that the Services comply with any specific law or regulation, including but not limited to GDPR, CCPA, CPRA, ePrivacy Directive, PECR, HIPAA, LGPD, PIPEDA, or any similar privacy, surveillance, consumer protection, wiretapping, biometric, or data protection laws.

You expressly acknowledge and agree that Mad Hat Media LLC shall have no responsibility or liability whatsoever for:

Your failure to obtain proper user consent;
Your failure to provide legally required disclosures or notices;
Any claims relating to privacy violations, wiretapping, session recording, tracking, cookies, analytics, or monitoring technologies;
Any governmental investigation, regulatory enforcement action, fine, penalty, lawsuit, arbitration, or dispute relating to your collection or use of data;
Any third-party claim arising from your website, business operations, privacy practices, or implementation of the Services; or
Any damages, liabilities, costs, settlements, judgments, penalties, expenses, or attorney's fees arising out of or related to your use of the Services.

You agree to fully defend, indemnify, and hold harmless Mad Hat Media LLC, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, assigns, vendors, and partners from and against any and all claims, demands, actions, proceedings, investigations, liabilities, damages, losses, fines, penalties, settlements, judgments, costs, and expenses of every kind and nature, including reasonable attorneys' fees and legal costs, arising out of or related to:

Your use of the Services;
Your collection, tracking, monitoring, processing, or handling of user data;
Your failure to obtain legally sufficient consent from website visitors or users;
Your violation of any privacy, data protection, consumer protection, surveillance, or communications law;
Any dispute between you and your users, visitors, customers, or third parties; or
Any allegation that the use of the Services on your websites or systems violated the rights of any individual or entity.

This indemnification obligation shall survive termination of your account, discontinuation of the Services, removal of tracking technologies, and termination of these Terms.

6. Payments, Billing, Credit Wallets, and No Refunds

All charges, payments, purchases, deposits, credits, subscriptions, renewals, prepaid balances, usage fees, and transactions made through or in connection with the Services are final, non-cancelable, and non-refundable under all circumstances. By using the Services, you expressly waive any right to chargebacks, payment reversals, billing disputes, or reimbursement claims except where such waiver is prohibited by applicable law.

Paid subscriptions are billed in advance according to the subscription plan, pricing structure, feature tier, billing cycle, usage model, or service package selected by you at the time of purchase or renewal. Certain Services may include recurring subscription fees, prepaid balances, usage-based billing, wallet-based billing systems, pay-per-use charges, API consumption charges, tracking charges, analytics processing charges, AI processing charges, storage charges, or other variable fees based on usage of the Services.

Usage-based costs, platform tracking costs, processing fees, analytics fees, AI-related fees, API-related fees, and other metered charges may be automatically deducted from your available account balance, wallet balance, payment method, stored payment credentials, or auto-reload system as usage occurs. You acknowledge and agree that:

Charges may occur automatically and without additional approval once you enable or use applicable features;
Wallet balances, credits, prepaid funds, and account balances have no cash value and are non-refundable;
Auto-reload, recurring billing, and automatic recharge functionality may automatically charge your selected payment method when thresholds or limits are reached;
You are solely responsible for monitoring your account usage, balances, billing activity, feature usage, and estimated costs; and
Failure to monitor usage or understand pricing does not relieve you of payment obligations.

Mad Hat Media LLC reserves the absolute right, at any time and in its sole discretion, to:

Modify pricing, subscription plans, usage fees, billing structures, platform costs, feature availability, service limitations, wallet systems, credit systems, or payment terms;
Add, remove, restrict, limit, suspend, discontinue, or reclassify features or Services;
Introduce new fees, minimum charges, processing charges, platform surcharges, storage fees, overage fees, or third-party pass-through costs;
Change billing methods, usage calculations, or pricing formulas; and
Suspend or terminate access to the Services for non-payment, failed payments, disputed charges, excessive usage, suspected fraud, or billing-related issues.

Such changes may take effect immediately upon posting to the Services, your account dashboard, or the applicable pricing page, with or without direct notice to you. Your continued access to or use of the Services following any pricing or billing change constitutes your full acceptance of such changes.

You are solely responsible for all taxes, duties, levies, governmental assessments, currency conversion fees, bank charges, processor fees, transaction fees, and similar financial obligations associated with your use of the Services, excluding taxes based solely on Mad Hat Media LLC's net income.

Failure to pay any amount when due may result in suspension, limitation, or termination of your account and Services without liability to Mad Hat Media LLC. We reserve the right to pursue collection actions, recover unpaid balances, charge interest on overdue amounts where permitted by law, and recover any costs of collection, including attorneys' fees and collection agency fees.

No interruption, outage, degradation, feature limitation, bug, data issue, API failure, third-party provider issue, AI inaccuracy, analytics discrepancy, delayed processing, or service disruption shall entitle you to any refund, reimbursement, credit, offset, damages, or compensation of any kind.

7. No Guarantees of Results, Accuracy, or Outcomes

The Services are provided solely as informational, analytical, research, monitoring, automation, and reporting tools. Mad Hat Media LLC makes no representations, warranties, guarantees, promises, or assurances of any kind regarding the accuracy, reliability, completeness, effectiveness, legality, performance, or results generated through the Services.

You acknowledge and agree that the Services do not guarantee:

Search engine rankings or placement;
Increased website traffic or visibility;
AI platform visibility or mentions;
Inclusion within AI-generated responses or search overviews;
Lead generation, conversions, sales, or revenue;
Business growth, profitability, or market performance;
Accuracy of analytics, tracking data, reports, recommendations, or insights;
Continuous indexing or visibility within search engines or third-party platforms;
Availability or functionality of third-party integrations, APIs, or data providers; or
Any specific commercial, financial, operational, or strategic outcome.

Search engines, artificial intelligence systems, algorithms, APIs, advertising platforms, browsers, operating systems, tracking restrictions, privacy regulations, and market conditions are controlled by third parties and are constantly changing. Such changes may materially affect the accuracy, availability, functionality, visibility, tracking capabilities, reporting quality, or usefulness of the Services without notice.

You further acknowledge and agree that:

Analytics data may contain delays, inaccuracies, discrepancies, estimation errors, missing information, duplicated information, corrupted information, or incomplete reporting;
AI-generated outputs, summaries, recommendations, classifications, insights, and automated analyses may contain hallucinations, inaccuracies, omissions, incorrect assumptions, or misleading information;
Tracking technologies may be blocked, restricted, filtered, disabled, or interfered with by browsers, ad blockers, privacy tools, operating systems, network providers, regulations, consent systems, or user settings;
Third-party providers may alter, suspend, restrict, throttle, or discontinue services or data access at any time; and
The Services may not function properly in all jurisdictions, devices, browsers, or environments.

You assume full responsibility for evaluating and verifying any information, analytics, reports, AI-generated outputs, recommendations, or data obtained through the Services before relying upon them for business, legal, financial, marketing, operational, or strategic decisions.

No statement, communication, advertisement, demonstration, case study, estimate, forecast, projection, recommendation, sales material, or prior result provided by Mad Hat Media LLC or its representatives shall create any warranty, guarantee, or binding obligation unless expressly stated in a separate written agreement signed by an authorized representative of Mad Hat Media LLC.

Your use of the Services is entirely at your own risk. Mad Hat Media LLC shall not be liable for any losses, damages, missed opportunities, loss of rankings, loss of visibility, reduced traffic, reduced revenue, inaccurate analytics, business interruption, reputational harm, or other consequences arising from or related to your use of or reliance upon the Services.

8. Service Availability, Third-Party Dependencies, and No Uptime Guarantee

Mad Hat Media LLC does not guarantee that the Services will be uninterrupted, error-free, secure, accurate, reliable, or continuously available at all times. The Services are provided on an "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS" basis without any service level agreement ("SLA"), uptime commitment, minimum availability guarantee, or warranty of any kind, whether express, implied, statutory, or otherwise.

You acknowledge and agree that the Services may be interrupted, delayed, degraded, limited, suspended, restricted, or rendered unavailable at any time, with or without notice, for reasons including but not limited to:

Scheduled or unscheduled maintenance;
Software updates, upgrades, patches, or configuration changes;
Hardware failures, server issues, or infrastructure failures;
Internet outages, DNS failures, routing issues, or network congestion;
Failures, restrictions, outages, or changes involving third-party providers, APIs, AI systems, cloud services, search engines, analytics providers, payment processors, or integrations;
Security incidents, cyberattacks, abuse prevention measures, or malicious activity;
Capacity limitations, scaling issues, excessive usage, or technical constraints;
Regulatory actions, legal requirements, or governmental restrictions; or
Events outside the reasonable control of Mad Hat Media LLC, including force majeure events.

You further acknowledge that the Services depend in whole or in part upon third-party systems, infrastructure, providers, APIs, platforms, search engines, artificial intelligence providers, cloud hosting providers, telecommunications networks, browsers, operating systems, and external services over which Mad Hat Media LLC has no control and assumes no responsibility.

Mad Hat Media LLC makes no warranty or guarantee regarding:

System uptime or availability;
Data retention or preservation;
Speed, latency, or processing times;
Continuous access to historical data;
Recovery of lost, corrupted, delayed, or inaccessible data;
Compatibility with all devices, browsers, or environments; or
Continued support for any feature, integration, API, or third-party service.

Any interruption, outage, degradation, inaccuracy, bug, defect, delay, API limitation, AI failure, data discrepancy, data corruption, loss of access, suspension, or unavailability of the Services shall not constitute:

A breach of these Terms;
Grounds for any refund, reimbursement, service credit, or billing adjustment;
Grounds for termination with compensation;
A basis for any claim for damages or losses; or
Liability of any kind on the part of Mad Hat Media LLC.

You are solely responsible for maintaining independent backups of any data, reports, exports, records, analytics, or materials important to your business. Mad Hat Media LLC shall have no responsibility or liability for any loss of data, loss of profits, business interruption, reputational harm, operational disruption, missed opportunities, or other damages arising from or related to any interruption or unavailability of the Services.

9. Prohibited Use, Abuse Prevention, and Enforcement Rights

You agree not to access or use the Services in any manner that is unlawful, fraudulent, abusive, harmful, deceptive, unauthorized, disruptive, competitive, or otherwise prohibited by these Terms or applicable law. You further agree not to use the Services in any way that could damage, disable, overburden, interfere with, compromise, exploit, or negatively affect the Services, Mad Hat Media LLC, its infrastructure, third-party providers, or any other users.

Prohibited uses include, without limitation:

Using the Services for any unlawful purpose or in violation of any local, state, federal, national, or international law, regulation, court order, or governmental requirement;
Violating any privacy, surveillance, wiretapping, consumer protection, intellectual property, communications, or data protection law;
Attempting to reverse engineer, decompile, disassemble, decode, modify, copy, reproduce, or otherwise extract the source code, architecture, models, algorithms, workflows, or underlying technology of the Services;
Scraping, crawling, indexing, harvesting, copying, extracting, mining, or collecting data from the Services through automated means or otherwise beyond intended use;
Using bots, scripts, automation systems, emulators, or artificial methods to manipulate analytics, usage statistics, rankings, tracking results, AI outputs, or billing systems;
Circumventing, bypassing, disabling, interfering with, or attempting to defeat any security feature, access restriction, rate limit, authentication mechanism, monitoring system, or protective technology associated with the Services;
Sharing account credentials, API keys, login access, wallet balances, or subscription access with unauthorized individuals or third parties;
Allowing third parties to access or use the Services through your account without express written authorization from Mad Hat Media LLC;
Creating multiple accounts or entities to evade suspensions, bans, restrictions, usage limitations, billing limits, or enforcement actions;
Transmitting malware, ransomware, spyware, viruses, malicious code, spam, phishing content, deceptive material, or other harmful technologies through or in connection with the Services;
Uploading or transmitting content that is unlawful, defamatory, threatening, abusive, harassing, obscene, fraudulent, infringing, deceptive, or otherwise objectionable;
Interfering with or disrupting the integrity, performance, stability, functionality, or security of the Services or any related infrastructure;
Attempting to gain unauthorized access to systems, servers, networks, accounts, databases, APIs, or data associated with the Services;
Using the Services for competitive analysis, benchmarking, monitoring, or development of competing products or services;
Reselling, sublicensing, leasing, redistributing, white-labeling, commercializing, or otherwise providing access to the Services without prior written authorization from Mad Hat Media LLC;
Using the Services to stalk, harass, abuse, threaten, exploit, monitor, profile, or harm any individual or entity;
Engaging in fraudulent billing practices, payment abuse, chargeback abuse, or manipulation of pricing or wallet systems; or
Using the Services in any manner that Mad Hat Media LLC determines, in its sole discretion, to be abusive, excessive, harmful, risky, or inconsistent with the intended operation of the Services.

Mad Hat Media LLC reserves the unrestricted right, at any time and without notice, to:

Monitor use of the Services;
Investigate suspected violations;
Remove or restrict access to content, accounts, domains, integrations, or data;
Suspend, limit, throttle, or terminate access to the Services;
Report activity to law enforcement, regulators, payment processors, or third parties;
Preserve or disclose information where deemed necessary by the Company; and
Pursue any legal, equitable, or technical remedy available.

You acknowledge and agree that Mad Hat Media LLC may take enforcement actions based on automated systems, internal monitoring tools, AI systems, abuse detection systems, or discretionary determinations, and shall have no liability arising from any suspension, restriction, investigation, removal, or termination related to suspected prohibited conduct.

10. Suspension, Restriction, and Termination of Services

Mad Hat Media LLC reserves the unrestricted right, at any time and in its sole and absolute discretion, to suspend, restrict, limit, throttle, disable, investigate, or terminate your access to all or any portion of the Services, with or without notice, and with or without cause or liability.

Such actions may be taken for any reason, including but not limited to:

Violations or suspected violations of these Terms or any related policy;
Suspected fraudulent, abusive, unlawful, deceptive, or unauthorized activity;
Non-payment, failed payments, chargebacks, billing disputes, or payment processor concerns;
Excessive usage, abnormal usage patterns, or resource consumption;
Security concerns, suspected breaches, or technical risks;
Complaints, legal claims, or regulatory concerns;
Conduct that may expose Mad Hat Media LLC, its affiliates, providers, partners, or users to liability or reputational harm;
Use of the Services in a manner deemed harmful, disruptive, competitive, or inconsistent with intended use; or
Any other reason determined by Mad Hat Media LLC in its sole discretion.

Mad Hat Media LLC shall have no obligation to provide advance notice, explanation, evidence, warnings, compensation, refunds, credits, or opportunities to cure before taking enforcement action. Enforcement actions may be temporary or permanent and may affect associated accounts, domains, workspaces, payment methods, integrations, connected properties, or related entities.

You may discontinue use of the Services and close your account at any time; however, account closure, cancellation, inactivity, or discontinuation of use shall not:

Relieve you of any payment obligations or accrued charges;
Entitle you to any refund, reimbursement, or credit;
Require Mad Hat Media LLC to delete, return, export, or preserve any data; or
Terminate any licenses, waivers, indemnities, limitations of liability, or rights granted to Mad Hat Media LLC under these Terms.

Upon suspension or termination:

Your right to access and use the Services immediately ceases;
Certain features, data, analytics, exports, reports, integrations, or account information may become inaccessible;
Mad Hat Media LLC may disable, remove, archive, anonymize, retain, or permanently delete any data, content, settings, or account information at its sole discretion; and
Mad Hat Media LLC may continue to retain, process, use, commercialize, share, distribute, or exploit collected and derived data in accordance with these Terms, the Privacy Policy, and any licenses granted herein.

You acknowledge and agree that Mad Hat Media LLC shall not be liable for any loss of data, business interruption, reputational harm, operational disruption, financial loss, lost profits, or other damages arising from or related to any suspension, restriction, investigation, or termination of the Services or your account.

Any provisions of these Terms which by their nature should survive termination shall survive, including but not limited to provisions relating to data rights, intellectual property, indemnification, payment obligations, disclaimers, limitations of liability, arbitration, governing law, waivers, and enforcement rights.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED STRICTLY ON AN "AS IS," "AS AVAILABLE," "WITH ALL FAULTS," AND "AS PROVIDED" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAD HAT MEDIA LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, GUARANTEES, AND COVENANTS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

IMPLIED WARRANTIES OF MERCHANTABILITY;
FITNESS FOR A PARTICULAR PURPOSE;
TITLE;
NON-INFRINGEMENT;
ACCURACY;
RELIABILITY;
AVAILABILITY;
SECURITY;
PERFORMANCE;
QUALITY;
COMPLETENESS;
COMPATIBILITY; AND
QUIET ENJOYMENT.

Mad Hat Media LLC does not warrant, represent, or guarantee that:

The Services will operate uninterrupted, continuously, timely, or error-free;
The Services will be secure or free from unauthorized access;
The Services will be free of bugs, defects, viruses, malware, harmful code, or vulnerabilities;
Any data, analytics, reports, AI outputs, recommendations, rankings, insights, or results will be accurate, complete, reliable, or current;
Any defects or errors will be corrected;
The Services will meet your expectations, requirements, or business objectives; or
Any information obtained through the Services will produce any specific outcome or result.

You acknowledge and agree that:

Use of the Services is entirely at your own risk;
You are solely responsible for evaluating and verifying all information, analytics, outputs, and recommendations generated through the Services;
Artificial intelligence systems and automated analytics may generate inaccurate, misleading, incomplete, or fabricated outputs;
Search engines, AI providers, APIs, browsers, operating systems, networks, and third-party services may change or restrict functionality at any time;
Data collection and tracking technologies may be blocked, limited, filtered, or disrupted by third-party technologies, privacy tools, regulations, browser changes, or user settings; and
No oral or written information, marketing material, demonstration, support communication, documentation, recommendation, or advice provided by Mad Hat Media LLC or its representatives shall create any warranty not expressly stated in these Terms.

Mad Hat Media LLC does not warrant or guarantee uninterrupted access to historical data, backups, exports, integrations, APIs, third-party providers, cloud services, or stored information. You are solely responsible for maintaining your own backups and business continuity measures.

Some jurisdictions do not allow the exclusion of certain warranties, so portions of the above disclaimers may not apply to you to the extent prohibited by applicable law. In such jurisdictions, the liability of Mad Hat Media LLC shall be limited to the maximum extent permitted by law.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAD HAT MEDIA LLC, INCLUDING ITS OWNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, LICENSORS, VENDORS, SERVICE PROVIDERS, PARTNERS, AND THIRD-PARTY PROVIDERS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, ENHANCED, PUNITIVE, OR MULTIPLE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO:

LOSS OF PROFITS;
LOSS OF REVENUE;
LOSS OF BUSINESS;
LOSS OF DATA;
LOSS OF GOODWILL;
LOSS OF CUSTOMERS;
LOSS OF OPPORTUNITIES;
BUSINESS INTERRUPTION;
REPUTATIONAL HARM;
LOSS OF EXPECTED SAVINGS;
COST OF SUBSTITUTE SERVICES;
SYSTEM FAILURE;
SECURITY BREACHES;
REGULATORY FINES OR PENALTIES; OR
ANY OTHER INTANGIBLE OR ECONOMIC LOSS,

ARISING OUT OF OR RELATED TO:

YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE UPON THE SERVICES;
ANY DATA COLLECTION, TRACKING, ANALYTICS, AI OUTPUTS, REPORTS, OR RECOMMENDATIONS;
ANY INTERRUPTION, OUTAGE, DELAY, ERROR, BUG, OR UNAVAILABILITY OF THE SERVICES;
ANY LOSS, CORRUPTION, DELETION, DISCLOSURE, OR INACCESSIBILITY OF DATA;
ANY THIRD-PARTY PLATFORM, API, SEARCH ENGINE, AI SYSTEM, OR PROVIDER;
ANY UNAUTHORIZED ACCESS, SECURITY INCIDENT, OR CYBER EVENT;
ANY ENFORCEMENT ACTION, ACCOUNT SUSPENSION, OR TERMINATION;
ANY FAILURE TO OBTAIN USER CONSENT OR COMPLY WITH PRIVACY LAWS; OR
ANY OTHER MATTER ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS,

WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, EQUITY, OR ANY OTHER LEGAL THEORY, EVEN IF MAD HAT MEDIA LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAD HAT MEDIA LLC SHALL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES, LOSSES, LIABILITIES, OR EXPENSES ARISING FROM:

YOUR WEBSITE'S USE OF TRACKING TECHNOLOGIES;
YOUR COLLECTION OR PROCESSING OF USER DATA;
ALLEGED PRIVACY VIOLATIONS;
WIRETAPPING OR SESSION RECORDING CLAIMS;
REGULATORY INVESTIGATIONS OR GOVERNMENTAL ACTIONS;
THIRD-PARTY CLAIMS BROUGHT BY YOUR USERS, VISITORS, CUSTOMERS, OR CLIENTS; OR
YOUR FAILURE TO OBTAIN LEGALLY SUFFICIENT CONSENT OR PROVIDE REQUIRED DISCLOSURES.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF MAD HAT MEDIA LLC ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS EXCEED THE GREATER OF:
(a) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO MAD HAT MEDIA LLC DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
(b) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

THE LIMITATIONS, DISCLAIMERS, AND EXCLUSIONS OF LIABILITY SET FORTH IN THESE TERMS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, REGARDLESS OF THE FORM OF ACTION, AND SHALL SURVIVE TERMINATION OF THE SERVICES OR THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY. IN SUCH JURISDICTIONS, MAD HAT MEDIA LLC'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

13. Binding Arbitration, Jury Trial Waiver, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, HAVE A JURY TRIAL, OR PARTICIPATE IN A CLASS ACTION.

To the maximum extent permitted by applicable law, any dispute, claim, controversy, demand, action, or proceeding arising out of or relating to these Terms, the Services, your relationship with Mad Hat Media LLC, data collection practices, privacy issues, billing disputes, enforcement actions, or any other matter connected to the Services (collectively, "Disputes") shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association ("AAA") in accordance with its applicable arbitration rules then in effect, except as otherwise provided herein.

The arbitration shall be conducted exclusively in the State of Texas, United States, unless otherwise determined by Mad Hat Media LLC or mutually agreed upon in writing by the parties. Mad Hat Media LLC may elect to conduct arbitration remotely, virtually, through written submissions, or through another alternative dispute process at its discretion where permitted by law.

YOU AND MAD HAT MEDIA LLC EXPRESSLY WAIVE:

ANY RIGHT TO A JURY TRIAL;
ANY RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION;
ANY RIGHT TO PARTICIPATE IN A CLASS ARBITRATION;
ANY RIGHT TO BRING CLAIMS IN A REPRESENTATIVE, COLLECTIVE, MASS, CONSOLIDATED, OR PRIVATE ATTORNEY GENERAL CAPACITY; AND
ANY RIGHT TO CONSOLIDATE CLAIMS WITH THOSE OF OTHER PERSONS OR ENTITIES.

All Disputes must be brought solely in the individual capacity of the parties. The arbitrator shall have no authority to:

Conduct class proceedings;
Consolidate multiple claims;
Preside over representative or collective actions; or
Award relief to anyone other than the individual party bringing the claim.

You further agree that any arbitration or legal proceeding against Mad Hat Media LLC must be initiated within one (1) year after the claim or cause of action arose, or such claim shall be permanently barred to the maximum extent permitted by law.

The arbitrator's decision shall be final, binding, and enforceable in any court of competent jurisdiction. Each party shall bear its own attorneys' fees, costs, and expenses unless otherwise required by applicable law or expressly awarded by the arbitrator.

Notwithstanding the foregoing, Mad Hat Media LLC reserves the right to seek injunctive relief, equitable relief, collection actions, enforcement actions, intellectual property protection, abuse prevention measures, or other emergency remedies in any court of competent jurisdiction without first engaging in arbitration.

If any portion of this arbitration provision or class action waiver is determined to be unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

14. Governing Law and Jurisdiction

These Terms, the Services, and any Dispute arising out of or relating to the Services or your relationship with Mad Hat Media LLC shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to any conflict of laws principles that would require the application of the laws of another jurisdiction.

Subject to the Binding Arbitration provisions above, you irrevocably consent and submit to the exclusive jurisdiction and venue of the state courts and federal courts located within the State of Texas for any legal action, proceeding, enforcement action, injunction request, or dispute permitted to proceed in court under these Terms.

You waive any objection based on:

Lack of personal jurisdiction;
Improper venue;
Forum non conveniens; or
Any similar doctrine or theory.

You further agree that any claim or cause of action arising out of or related to the Services must be brought exclusively in the permitted forums described herein and nowhere else.

15. Force Majeure

Mad Hat Media LLC shall not be liable or responsible for any failure, interruption, delay, degradation, suspension, loss, damage, or inability to perform any obligation under these Terms or provide the Services where such failure or delay results from causes, conditions, events, or circumstances beyond its reasonable control, whether foreseeable or unforeseeable, including but not limited to:

Acts of God;
Natural disasters or severe weather events;
Floods, fires, earthquakes, hurricanes, tornadoes, or other environmental events;
Pandemics, epidemics, public health emergencies, quarantines, or disease outbreaks;
War, invasion, armed conflict, terrorism, sabotage, or threats thereof;
Riots, civil unrest, protests, strikes, labor disputes, or work stoppages;
Government actions, regulations, embargoes, sanctions, orders, restrictions, or legal requirements;
Failures or disruptions involving electricity, utilities, telecommunications, DNS systems, internet providers, hosting providers, cloud infrastructure, or data centers;
Cyberattacks, hacking incidents, ransomware, malware, denial-of-service attacks, or other malicious acts;
Failures, outages, restrictions, pricing changes, throttling, or discontinuation of third-party services, APIs, artificial intelligence systems, search engines, analytics providers, or vendors;
Hardware failures, software failures, infrastructure failures, or supply chain disruptions;
Browser restrictions, operating system changes, tracking prevention technologies, ad blockers, or privacy-related platform changes; or
Any other event or circumstance beyond the reasonable control of Mad Hat Media LLC.

During any force majeure event, Mad Hat Media LLC may suspend, limit, modify, or discontinue all or part of the Services without liability or obligation to provide refunds, credits, compensation, damages, or alternative services.

You acknowledge and agree that the occurrence of a force majeure event shall not constitute:

A breach of these Terms;
Grounds for termination with compensation;
Grounds for any refund, reimbursement, or damages; or
Liability of any kind on the part of Mad Hat Media LLC.

16. Modifications to Terms

Mad Hat Media LLC reserves the unrestricted right, at any time and in its sole discretion, to modify, amend, revise, replace, supplement, update, discontinue, or otherwise change these Terms, the Services, pricing, features, policies, billing structures, usage limitations, data practices, or any related agreements or materials.

Updated Terms may be posted on the website, within the Services, through account notifications, or by any other method determined by Mad Hat Media LLC. The "Last Updated" date may be revised to reflect such changes. While Mad Hat Media LLC may choose to provide notice of material changes through email, dashboard notifications, or other communications, you acknowledge and agree that:

Mad Hat Media LLC is not obligated to provide individualized notice of every modification;
It is your sole responsibility to regularly review these Terms and related policies; and
Your continued access to or use of the Services after updated Terms become effective constitutes your full and binding acceptance of the modified Terms.

If you do not agree to any modification, update, or revision to the Terms, you must immediately discontinue all use of the Services, remove any tracking technologies, cease all access to the platform, and terminate your account.

Mad Hat Media LLC reserves the right to modify, discontinue, suspend, restrict, replace, or remove any feature, functionality, integration, API access, pricing model, service offering, or component of the Services at any time, with or without notice and without liability.

No waiver, modification, amendment, or exception to these Terms shall be binding unless expressly made in writing by an authorized representative of Mad Hat Media LLC.

17. Modifications, Suspension, and Discontinuation of Services

Mad Hat Media LLC reserves the unrestricted right, at any time and in its sole discretion, to modify, update, upgrade, replace, remove, suspend, restrict, throttle, discontinue, or otherwise alter any aspect of the Services, temporarily or permanently, with or without notice and without liability.

Such modifications may include, without limitation:

Features, tools, dashboards, or functionality;
Pricing structures, billing methods, wallet systems, or usage calculations;
APIs, integrations, third-party providers, or supported platforms;
User interfaces, layouts, workflows, reporting formats, or analytics systems;
Artificial intelligence systems, automation tools, recommendation systems, or data models;
Tracking technologies, scripts, cookies, or collection methodologies;
Account limitations, usage restrictions, storage limits, or feature access levels;
Supported browsers, devices, operating systems, or environments; and
Any other component, capability, content, or functionality associated with the Services.

Mad Hat Media LLC may also, at its sole discretion:

Suspend or discontinue support for any feature or integration;
Change or remove legacy functionality;
Impose usage caps, throttling, or access restrictions;
Migrate systems, infrastructure, providers, or technologies;
Modify compatibility requirements; or
Terminate the Services entirely.

You acknowledge and agree that:

Features and functionality may change frequently and without advance notice;
Third-party integrations and APIs may become unavailable, restricted, or unsupported at any time;
Historical data, reports, exports, analytics, or stored content may become unavailable following modifications to the Services; and
Mad Hat Media LLC has no obligation to maintain backward compatibility, legacy systems, deprecated features, or prior versions of the Services.

Mad Hat Media LLC shall have no liability whatsoever to you or any third party for any modification, suspension, restriction, degradation, removal, discontinuation, or termination of any aspect of the Services, including any resulting loss of data, business interruption, operational disruption, reduced functionality, or inability to access previously available features.

Your continued use of the Services following any modification constitutes your acceptance of such changes.

18. Severability

If any provision, clause, term, or portion of these Terms is determined by a court, arbitrator, or other tribunal of competent jurisdiction to be invalid, illegal, unlawful, void, or unenforceable for any reason, such provision shall be interpreted, modified, limited, or reformed to the minimum extent necessary to make it enforceable while preserving the original intent of the provision to the greatest extent possible under applicable law.

If modification or reformation of such provision is not possible, the affected provision shall be deemed severed from these Terms and shall not affect the validity, legality, or enforceability of any remaining provisions.

The remaining provisions of these Terms shall continue in full force and effect and shall remain binding and enforceable to the maximum extent permitted by law.

Any invalid or unenforceable provision in one jurisdiction shall not affect the validity or enforceability of such provision in any other jurisdiction.

19. Survival

Any provisions of these Terms which by their nature should survive suspension, termination, expiration, discontinuation of Services, account closure, or cessation of use shall survive indefinitely and remain fully enforceable to the maximum extent permitted by law.

Without limiting the foregoing, the following sections shall expressly survive termination or expiration of these Terms:

Data Collection, Storage, Monitoring, and Usage Rights (Section 4);
User Compliance Obligations, Consent Requirements, and Indemnification (Section 5);
Payments, Billing, Credit Wallets, and No Refunds (Section 6);
No Guarantees of Results, Accuracy, or Outcomes (Section 7);
Service Availability, Third-Party Dependencies, and No Uptime Guarantee (Section 8);
Prohibited Use, Abuse Prevention, and Enforcement Rights (Section 9);
Suspension, Restriction, and Termination of Services (Section 10);
Disclaimer of Warranties (Section 11);
Limitation of Liability (Section 12);
Binding Arbitration, Jury Trial Waiver, and Class Action Waiver (Section 13);
Governing Law and Jurisdiction (Section 14);
Force Majeure (Section 15);
Modifications to Terms (Section 16);
Modifications, Suspension, and Discontinuation of Services (Section 17);
Intellectual property rights, ownership rights, licenses, waivers, disclaimers, indemnities, payment obligations, audit rights, enforcement rights, and any other provisions which by their nature are intended to survive.

Termination, suspension, expiration, or discontinuation of the Services shall not:

Relieve you of any obligations accrued prior to termination;
Revoke or limit any rights granted to Mad Hat Media LLC under these Terms;
Require deletion or return of any collected or derived data; or
Affect any legal remedies or protections available to Mad Hat Media LLC.

20. Entire Agreement and Waiver

These Terms, together with the Privacy Policy, Cookie Policy, Acceptable Use Policy, AI Disclosure Policy, Data Processing Addendum, billing policies, and any additional policies, agreements, notices, or terms expressly incorporated herein by reference, constitute the complete, final, and exclusive agreement between you and Mad Hat Media LLC regarding the Services and supersede all prior or contemporaneous understandings, negotiations, discussions, representations, warranties, communications, proposals, marketing materials, agreements, and arrangements, whether written, oral, electronic, or implied.

You acknowledge and agree that:

You have not relied upon any statement, representation, promise, guarantee, estimate, projection, or warranty not expressly contained within these Terms;
No oral statements or communications from Mad Hat Media LLC or its representatives shall modify or supplement these Terms unless expressly agreed to in writing by an authorized representative of Mad Hat Media LLC; and
Any conflicting or additional terms proposed by you shall be void and of no force or effect unless expressly accepted in writing by Mad Hat Media LLC.

No failure, delay, omission, or partial exercise by Mad Hat Media LLC in enforcing any right, remedy, provision, or requirement under these Terms shall operate as a waiver thereof or prevent future enforcement of the same or any other right or provision.

Any waiver by Mad Hat Media LLC shall be effective only if made expressly in writing and signed by an authorized representative of Mad Hat Media LLC. A waiver of any breach or violation shall not constitute a waiver of any prior, concurrent, or subsequent breach or violation.

Mad Hat Media LLC reserves all rights and remedies available under applicable law, equity, and these Terms.

21. Contact Information

If you have any questions, concerns, notices, disputes, requests, or legal inquiries regarding these Terms, the Services, privacy matters, data practices, intellectual property matters, billing issues, or other related matters, you may contact:

Mad Hat Media LLC
d/b/a VYNTRIS
Email: legal@vyntris.com

You acknowledge and agree that electronic communications sent to the above contact information may satisfy any legal communication requirement where permitted by applicable law.

Mad Hat Media LLC reserves the right to designate additional or alternative contact methods, addresses, or communication channels for specific legal, billing, compliance, support, or operational matters at any time.

Unless otherwise required by applicable law, communications submitted to Mad Hat Media LLC do not create any obligation to respond, take action, preserve evidence, waive rights, or provide legal acknowledgment.

All notices, demands, legal process, or formal communications required under these Terms must be sent in accordance with applicable law and any procedures designated by Mad Hat Media LLC.