Terms of Service
These Terms of Service (“Terms”) govern your access to and use of mc-portal (the “Service”), provided by Mass Culture, Inc. (“Mass Culture,” “we,” “us”). By accessing the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Relationship to the MSA
If your organization has signed a Master Services Agreement (“MSA”) or similar engagement agreement with Mass Culture, these Terms supplement that MSA. In any conflict between these Terms and the MSA on the same subject, the MSA controls. These Terms govern the use of the Service itself: access, acceptable use, and the rules of the road for the platform. The MSA governs the broader commercial relationship, deliverables, and fees.
2. Accounts and access
The Service is intended for authorized users from Mass Culture and from client organizations engaged with Mass Culture. Access is granted through Google sign-in.
You agree to:
- Use the credentials assigned to you and only to you
- Keep your credentials confidential and never share access
- Notify us promptly at hello@massculture.com if you believe your account has been compromised
- Provide accurate information and keep it current
You are responsible for activity that occurs under your account.
3. Acceptable use
You agree not to:
- Access the Service through automated means (bots, scrapers, headless browsers) except as expressly authorized
- Reverse engineer, decompile, or attempt to derive the source code of the Service
- Probe, scan, or test the vulnerability of the Service or circumvent any security or authentication measure
- Access, view, or attempt to access data belonging to another client organization
- Upload or transmit malware, harmful code, or any content that infringes the rights of others
- Use the Service to violate any applicable law or regulation
- Resell, sublicense, or commercially exploit the Service or any data accessed through it, except as agreed in writing with Mass Culture
- Use any data accessed through the Service to train artificial intelligence or machine learning models
We may suspend access immediately and without notice if we reasonably believe you have violated these rules or are putting the Service, our clients, or other users at risk.
4. Your data and our platform
Client data belongs to the client. Campaign data, performance metrics, and other materials provided by or on behalf of a client organization (“Client Data”) remain the property of that client. Mass Culture's use of Client Data is governed by the applicable MSA. Nothing in these Terms transfers ownership of Client Data to Mass Culture.
The platform belongs to Mass Culture. The Service, including its software, design, structure, interfaces, analytics methodologies, and any aggregated or anonymized insights generated from operating the Service, is and remains the property of Mass Culture and its licensors. We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during the term of your organization's engagement with Mass Culture, solely for that engagement.
Feedback. If you send us feedback, suggestions, or ideas about the Service, you grant us a perpetual, royalty-free right to use that feedback to improve the Service. We are not obligated to credit you or compensate you for it.
5. Confidentiality
You acknowledge that the Service contains confidential information belonging to Mass Culture, to other Mass Culture clients, and to third-party data providers. You will treat all non-public information accessed through the Service as confidential, will not disclose it to anyone outside your organization without authorization, and will use it only for the purpose of the engagement with Mass Culture.
This obligation continues for three years after your last access to the Service, or for the duration required by the applicable MSA, whichever is longer. Trade secrets remain confidential for as long as they qualify as such under applicable law.
6. Third-party services
The Service connects to and depends on third-party services, including Google sign-in, Supabase, Vercel, Anthropic, Google Cloud, Pacvue, and other advertising and analytics platforms. Your use of those services through the Service is also subject to their respective terms. We are not responsible for the availability, content, or practices of third-party services.
7. Service availability and changes
We work hard to keep the Service available and reliable, but we do not guarantee uninterrupted access. We may modify, suspend, or discontinue features at any time. For material changes, we will provide reasonable advance notice where practical.
Scheduled maintenance, emergency maintenance, and third-party outages happen. We will communicate planned downtime in advance when we can.
8. Disclaimer of warranties
The Service is provided “as is” and “as available.” To the maximum extent permitted by law, Mass Culture disclaims all warranties, express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and quiet enjoyment.
We do not warrant that the Service will be uninterrupted, error-free, or secure, that defects will be corrected, that the Service is free of viruses or other harmful components, or that any data displayed in the Service is accurate, complete, or up to date. Campaign data is sourced from multiple platforms with varying refresh cadences and known reliability quirks. Decisions made on the basis of data displayed in the Service are made at your own risk.
9. Limitation of liability
To the maximum extent permitted by law, neither Mass Culture nor its officers, directors, employees, or service providers will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, business opportunity, or goodwill, arising out of or related to your use of the Service, even if advised of the possibility of such damages.
Mass Culture's total cumulative liability arising out of or related to these Terms and your use of the Service will not exceed the fees paid by your organization to Mass Culture under the applicable MSA in the twelve months immediately preceding the event giving rise to the claim, or one thousand dollars (US $1,000), whichever is greater.
The limitations in this section do not apply to: (a) a party's gross negligence or willful misconduct; (b) a party's breach of its confidentiality obligations under Section 5; (c) a party's indemnification obligations under Section 10; or (d) any liability that cannot be excluded or limited under applicable law.
These limitations apply regardless of the theory of liability, whether in contract, tort, statute, or otherwise.
10. Indemnification
You agree to defend, indemnify, and hold harmless Mass Culture and its officers, directors, employees, and agents from any claim, demand, loss, or expense (including reasonable attorneys' fees) arising out of (a) your violation of these Terms, (b) your violation of applicable law, (c) your violation of the rights of any third party, or (d) any content or data you submit through the Service.
Mass Culture agrees to defend, indemnify, and hold you harmless from any third-party claim that the Service, as provided by Mass Culture and used in accordance with these Terms, infringes a US patent, copyright, or trademark. This is our sole and exclusive obligation, and your sole and exclusive remedy, for any claim of intellectual property infringement related to the Service.
11. Termination
These Terms remain in effect for as long as you have access to the Service. We may terminate or suspend your access immediately, without notice, if you breach these Terms, if your organization's MSA terminates, or if we are required to do so by law. You may stop using the Service at any time.
Sections that by their nature should survive termination will survive, including sections 4 (data and platform), 5 (confidentiality), 8 (disclaimer), 9 (liability), 10 (indemnification), and 13 (governing law).
12. Changes to these Terms
We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date above and notify you through the Service or by email. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
13. Governing law and disputes
These Terms are governed by the laws of the State of South Carolina, without regard to its conflict of laws principles. Any dispute arising out of or related to these Terms or the Service will be brought exclusively in the state or federal courts located in South Carolina, and you consent to the personal jurisdiction of those courts.
14. Miscellaneous
These Terms, together with the applicable MSA and the Privacy Policy, are the entire agreement between you and Mass Culture concerning the Service. If any provision is found unenforceable, the remainder will remain in effect. Our failure to enforce a provision is not a waiver of our right to do so later. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
15. Contact
Questions about these Terms? Email hello@massculture.com.
Mass Culture, Inc.