Terms and Conditions

1. Introduction

Welcome to Marketing Cloud MCP, operated by ListEngage (“Company”, “we”, “our”, or “us”). These Terms and Conditions (“Terms”) govern your access to and use of our website, platform, and related services (“Service”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Service.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use the Service. By using the Service, you represent and warrant that you meet these requirements.

3. Account Registration and Security

To access certain features, you must register for an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. Use of the Service

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable law or regulation;
• Infringe the intellectual property rights of others;
• Transmit any material that is unlawful, abusive, harassing, defamatory, obscene, or otherwise objectionable;
• Interfere with or disrupt the operation of the Service or servers;
• Attempt to gain unauthorized access to the Service, accounts, or computer systems;
• Use automated scripts to collect information or interact with the Service;
• Impersonate any person or entity or misrepresent your affiliation;
• Upload or introduce viruses, malware, or other harmful code.

5. Subscription, Payment, and Cancellation

Certain features require a paid subscription. By purchasing a subscription, you agree to pay all fees as described at the time of purchase. All payments are non-refundable except as required by law. We reserve the right to change prices or introduce new fees with reasonable notice.

You may cancel your subscription at any time through your account settings. Upon cancellation, you will retain access to paid features until the end of the current billing cycle. We reserve the right to suspend or terminate your account for non-payment or violation of these Terms.

6. Data Privacy and Security

Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, and protect your information. By using the Service, you consent to our data practices. We implement reasonable security measures, but cannot guarantee that unauthorized third parties will never defeat those measures.

7. Intellectual Property

The Service and all content, features, and functionality are owned by ListEngage and protected by copyright, trademark, and other laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

8. Third-Party Services and Links

The Service may contain links to third-party websites or services that are not owned or controlled by ListEngage. We are not responsible for the content, privacy policies, or practices of any third-party sites or services. Your use of third-party services is at your own risk and subject to their terms.

9. Disclaimers

The Service is provided “as is” and “as available” without warranties of any kind, express or implied. We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses. To the fullest extent permitted by law, we disclaim all warranties, including merchantability, fitness for a particular purpose, and non-infringement.

10. Limitation of Liability

To the maximum extent permitted by law, ListEngage and its affiliates, officers, employees, or agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising from your use of the Service. Our total liability for any claim relating to the Service will not exceed the amount paid by you to us in the twelve (12) months preceding the claim.

11. Indemnification

You agree to defend, indemnify, and hold harmless ListEngage and its affiliates, officers, employees, and agents from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from your use of the Service or your violation of these Terms or any law.

12. Termination

We reserve the right to suspend or terminate your access to the Service at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties. Upon termination, your right to use the Service will immediately cease.

13. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the new Terms on our website and updating the “Last Updated” date. Your continued use of the Service after such changes constitutes acceptance of the new Terms.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Commonwealth of Massachusetts, USA, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved through good-faith negotiations. If not resolved, disputes will be submitted to binding arbitration in Boston, Massachusetts, except for claims for injunctive or equitable relief.

15. Contact Us