Multiply, Inc.

Introduction

Multiply Inc. (“Multiply”) is a tech-enabled services firm that serves companies of all sizes.  Multiply was founded in 2018 as a service company and has since added a technology platform.  Multiply now delivers its services in conjunction with the platform or engages with its clients on a SaaS-based model. 

THESE TERMS AND CONDITIONS ARE THE LEGALLY BINDING CONTRACT BETWEEN YOU AND MULTIPLY AND GOVERN YOUR ACCESS TO ANY SERVICES WE PROVIDE TO YOU. PLEASE READ THESES TERMS CAREFULLY BEFORE SIGNING UP FOR OR USING THE SERVICES.

Multiply (“we”, “us”, or “our”) provide services (“Service”) to you (“you” or “your”) through our websites, methodology, documentation and through our applications. By using the Service, you are agreeing to be bound by these terms and conditions (“Terms and Conditions”). We reserve the right to update and change the Terms and Conditions from time to time and will provide notice to you. All changes are prospective only. It is your obligation to be familiar with the most current version of the Terms and Conditions. Continued use of the Service after any such changes shall constitute your acknowledgment of and consent to such changes. Any new features, including the release of new tools and resources, shall be subject to the then-most current Terms and Conditions.

ACCOUNT TERMS

1. You must provide your full legal name, the legal name of your business (where applicable), a valid e-mail address, and any other information requested in order to complete the sign-up process. This information will be kept secure. You reserve the right to store and/or remove any personally identifiable information from your account.
2. You are responsible for maintaining the security of your password. You will be solely responsible and liable for any activity that occurs within your account. In the event of any dispute between two or more parties about account ownership, you agree that we will be the sole arbiter of such dispute in our sole discretion and that our decision is final and binding.
3. You must not use the Service for any abusive or illegal purposes. You must not violate any laws, rules or regulations in your jurisdiction (including but not limited to copyright laws).
4. We reserve the right to modify the Service from time to time at any time, including adding or removing features.
5. We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms and Conditions, including investigation of potential violations, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety as well as those of our users, customers, and the public.
6. You may not do any of the following while accessing or using the Processes and Service: (i) access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security measures; (iii) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces; (iv) in any way use the Service to send altered, deceptive or false information;  (v) otherwise interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Service; or (vi) modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by us in connection with the Service.
7.  You may not copy, recreate, or distribute any processes, methodology or documentation created by Multiply without express written consent from Multiply.

TERM, BILLING AND PAYMENT

1. You will be charged a recurring service fee in advance of the applicable Service Period.
2. Your account will be renewed automatically at the end of each Service Period until either you or we explicitly cancel the Service.
3. You will be billed a non-refundable fee in advance of your applicable Service Period. There will be no refunds or credits for partial use of service, upgrade/downgrade refunds, account cancellations, or refunds for months unused with an open account. If you have any questions about charges made to your account, please contact us immediately. If the charges were made in error, we will credit your account for the appropriate amount. We have a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment through a card issuer that is found to be valid will be permanently banned from the use of the Service.
4. For any change in your recurring service fee, we will automatically charge your credit card or bank account that you provided or bill you via other payment methods for the new rate on your next billing cycle.
5. You must provide us with accurate billing information and keep this information up to date.
6. We reserve the right to change prices for the Service and any connected extra services at any time upon a 30-day notice from us. Such notice may be provided at any time by posting the changes to the Service itself.
7. You will pay any and all applicable international, federal, state, and local sales, use, value-added, excise, duty, and any other taxes, fees, or duties, not based on our net income, that are assessed on or as a result of the Service. Any such taxes, fees, and duties collected by us from you on behalf of a governmental agency shall not be considered a part of, a deduction from, or an offset against, payments due to us for the Service.

CANCELLATION AND TERMINATION

1. You are solely responsible for properly canceling your account. You can cancel your account at any time by deactivating your account.  Deactivating the Company Executives account will cancel all accounts.
2. Any abuse of the Service will lead to termination of your account. We reserve the right to decide what is considered abuse of the Service. If your account is terminated, your rights to use the Service will cease immediately. Termination is without prejudice to all other remedies available to us by law or under these Terms.
3. All provisions of these Terms and Conditions relating to disclaimers of warranties, limitation of liability and remedies and damages shall survive termination.

NO WARRANTIES OR REPRESENTATIONS

You understand and agree that the Service is provided “AS IS” and “AS AVAILABLE” and we expressly disclaim warranties of any kind, express or implied, including without limitation any warranty of accuracy, merchantability, fitness for a particular purpose, or non-infringement. We make no warranty or representation and disclaim all liability regarding the results that may be obtained from the use of the Service, the correctness or completeness of the data, the security, reliability or availability of the Service, or that the Service will meet any user’s requirements. Use of the Service is at your sole risk. Even though we use secure third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service, you understand and agree that you will be solely responsible for any damage to you (including loss of data) resulting from the use of the Service

The above disclaimer applies to any damages, liability or injuries caused by any failure of the performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use the Service, whether for breach of contract, tort, negligence or any other cause of action.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE FOR LOST PROFITS OR ANY OTHER DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR ARISING FROM OR CONNECTED IN ANY WAY WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.

In the event that, notwithstanding the foregoing disclaimers and indemnification, we are found responsible to you for any reason whatsoever, our responsibility shall be limited to the amounts actually paid by you for the Service during the twelve (12) months immediately preceding such event, and shall not include punitive , consequential or resulting damages of any nature.

INTELLECTUAL PROPERTY

All information that you post to the Service must comply with applicable copyright laws. We may share aggregated information that does not include personally identifiable information and we may otherwise disclose non-identifying information with third parties for industry analysis, demographic profiling, and other purposes. Any aggregated information shared in these contexts will not contain your personally identifiable information.

We give you a personal, worldwide, royalty-free, non-assignable, non-transferable, revocable, limited and non-exclusive license to use the Service so long as your account is in good standing. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by us, in the manner permitted by these Terms and Conditions.

In addition, you may not use the Service in any way that violates applicable federal, state, or international law, or for any unlawful purpose.

All right, title, and interest in and to the Service are and will remain the exclusive property of us (and our licensors, if applicable). The Service is protected by copyright, trademark, and other laws of both the United States of America and foreign countries.

All of the content generated by us for the Service and the software used for the Service is the property of us, our affiliates, or our suppliers, and is protected by United States of America and international copyright laws.

Nothing should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Service without our express, written consent. Nothing in these Terms and Conditions gives you a right to use any of our, our affiliates’, or our suppliers’ trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless, us and our respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all claims, losses, expenses, judgment, damages and costs, and consequences of whatever nature, including reasonable attorneys’ fees, from any violation of this agreement by you or your violation of any rights of a third party. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

GOVERNING LAW AND VENUE FOR RESOLVING DISPUTES

These Terms and Conditions and any underlying agreements or order forms shall be governed and construed in accordance with the laws of the State of Alabama, without regard to conflict of law principles that would result in the application of any law other than the laws of the State of Alabama and without reference to the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You agree that any disputes arising with us or our affiliates, subsidiaries, employees, contractors, officers, directors, or third party providers from or related to these Terms and Conditions or your access to or use of the Service shall be resolved exclusively by binding arbitration conducted under the auspices of the American Arbitration Association in Birmingham, Alabama. You shall be responsible for initial payment of one-half of any arbitration fees, but upon final resolution, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs. However, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

NOTICES

Any notices or other communications permitted or required of us under these Terms and Conditions and Conditions, including those regarding modifications to these Terms and Conditions and Conditions, will be in writing and given to you: i) by us via e-mail (to the address that you provide) or ii) by posting to the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

By registering with us, you understand that we may send you communications or data from us regarding the Service, including but not limited to i) notices about your use of the Service, including any notices concerning violations of use and ii) updates.

GENERAL

If any part of these Terms and Conditions are determined to be invalid or unenforceable including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of this agreement shall continue in effect. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

No failure to exercise or enforce any right or provision of these Terms and Conditions shall constitute a waiver of such right or provision.

The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.

You may not assign or transfer these Terms and Conditions, by operation of law or otherwise, without our prior written consent, which shall not be unreasonably withheld. Any attempt by you to assign or transfer these Terms and Conditions, without such consent, will be null and of no effect. We may assign or transfer these Terms and Conditions, at our sole discretion, without restriction. Subject to the foregoing, these Terms and Conditions will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any claim related to this contract or the Service must be brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not, then that claim is permanently barred.

Neither party shall be responsible for any failure to perform or delay in performing any of its respective obligations under these Terms and Conditions, except for payment obligations, where and to the extent that such a failure or delay results from causes beyond the control of such party. Such causes shall include, without limitation, delays caused by the other party, failures caused by a third-party service, acts of God or of the public enemy, acts of the government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, freight embargoes, strikes, civil commotion, or the like.

These Terms and Conditions are the entire and exclusive understanding and agreement between you and us regarding the Service and these Terms and Conditions supersede and replace any and all prior oral or written understandings or agreements between you and us regarding the Service.

Data Privacy

We collect, use and disclose two types of information: Personal Information and Non-Personal Information.

1. “Personal Information” is information that is directly associated with a specific person or entity, including but not limited to, names, email addresses, usernames, passwords, and payment information.
2. “Non-Personal Information” is information we collect or compile that by itself cannot be directly associated with a specific person or entity.
3. We may further compile “Non-Personal Information” into “Aggregate Data”. This Policy in no way restricts or limits our collection and use of Non-Personal Information and Aggregate Data, and we may share Non-Personal Information and Aggregate Data that we collect or compile with third parties for various purposes, including to help us better understand our customer needs and improve our Service, and for advertising and marketing purposes.
4. We may automatically receive certain types of information when you interact with our Service. That information includes your computer’s IP address, access times, your browser type and language, and referring website addresses. We may also collect information about the type of operating system you use, your account activity, and files or pages accessed or used by you.
5. You reserve the right to ask us what personal data is being processed and the rationale for such processing if that should ever be unclear.
6. While using our Service, you will have access to all data within your account. You reserve the right to access this data and/or request copies of this data.
7. While using our Service, you’ll be able to update all personally identifiable information to maintain accuracy.
8. You maintain the right to withdraw consent to manual or automated data processing when previous consent has been given. This could include all future processing or processing during a specific timeframe. This could include removal of data from an account or a request to remove an email from a specific mailing list.
9. You reserve the right to erasure and data portability. You will have the ability to export data in your account and keep for yourself or import into another system.

INFORMATION SHARING AND DISCLOSURE

We will not give, sell, rent, share, or trade any of your Personal Information or any data that you store using our Service to any third party except i) with your explicit consent or ii) as outlined in this Policy. We reserve the right to share Non-Personal Information and Aggregate Data as described in this Policy.

We may share Personal Information with third party service and technology providers to facilitate the operation of the Service, to perform related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Service’s features, or to process credit card payments), or to assist us in analyzing how our Service is used.

We may disclose Personal Information to a third party to comply with a court order, subpoena, search warrant, or other legal processes; to comply with legal, regulatory, or administrative requirements of any governmental authorities; to protect and defend us, our subsidiaries and our affiliates, and our officers, directors, employees, attorneys, agents, contractors, and partners, in connection with any legal action, claim, or dispute; to enforce the Terms of Service; to prevent imminent physical harm; and in the event that we find that your actions violate any laws, our Terms of Service, or any of our usage guidelines for specific products or services.

We may share Personal Information in connection with an acquisition, merger, consolidation or sale of all or a portion of our business, with or to another company. In any such event, you will receive notice if your data is transferred and becomes subject to a substantially different privacy policy.