Terms of Service

Last updated: July 18, 2026

1. Acceptance of Terms

By accessing and using MaLach LLC's website, platform, and services (collectively, the "Services"), you ("Client," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree with these Terms, do not use our Services.

If you are accepting these Terms on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

2. Description of Services

MaLach LLC ("MaLach," "we," "us," "our," or "Company") provides the following services:

Services are delivered on a monthly subscription basis. We will provide a separate Service Agreement or SOW (Statement of Work) specifying the scope of services for your particular plan.

3. Account Registration & Responsibilities

3.1 Account Creation

To access our Services, you must create an account and provide accurate, complete, and current information. You are responsible for:

3.2 Use Restrictions

You agree NOT to use our Services to:

4. Intellectual Property Rights

4.1 MaLach's IP

All content, features, functionality, code, and intellectual property on our platform (including the website builder, AI assistant, templates, and software) are owned by MaLach or our licensors and protected by international copyright and intellectual property laws. You receive a limited, non-exclusive, non-transferable license to use our Services for your business purposes during your subscription period.

4.2 Your Content

You retain all rights to content you create or upload to your website (text, images, videos, logos, etc.). By uploading content to our platform, you grant MaLach a worldwide, royalty-free license to:

You warrant that all content you upload is original, does not infringe on third-party rights, and complies with applicable laws.

4.3 Third-Party Content

Our platform may include third-party templates, plugins, integrations, or content. Use of such content is subject to the third party's terms and licenses.

5. Customer Data & Privacy

5.1 Your Customer Data

When you collect customer data (leads, inquiries, contact information, etc.) through your website, you are the data controller. MaLach acts as a data processor and will:

5.2 Your Privacy Responsibilities

You are responsible for:

For details on how MaLach handles your personal data, see our Privacy Policy.

6. Payment Terms & Billing

6.1 Pricing & Plans

Services are provided on a monthly subscription basis at the rates specified in your plan (Starter, Growth, or Elite). All prices are displayed in USD and are subject to change with 30 days' notice.

6.2 Billing & Payment

6.3 Late Payment

If payment is not received by the due date:

6.4 Refunds

Subscription fees are generally non-refundable. However, if you cancel within 14 days of sign-up, we may provide a refund at our discretion. No refunds will be provided for partial months of service.

6.5 Automatic Renewal

Your subscription automatically renews each billing cycle unless you cancel. You can cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period.

7. Service Level & Uptime

We strive to maintain 99.5% platform uptime, excluding planned maintenance. However, we do not guarantee uninterrupted service. We are not liable for:

We will notify you of planned maintenance 48 hours in advance when possible.

8. Warranties & Disclaimers

8.1 Disclaimer of Warranties

OUR SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING:

We disclaim all other warranties to the fullest extent permitted by law.

8.2 Performance Disclaimers

Results from websites, AI assistants, and marketing campaigns vary based on many factors including content quality, industry, competition, and execution. We do not guarantee specific outcomes or ROI. Past performance does not guarantee future results.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MALACH SHALL NOT BE LIABLE FOR:

OUR TOTAL LIABILITY for any claims arising from these Terms or your use of our Services shall not exceed the total amount you paid to MaLach in the 12 months preceding the claim, or $100, whichever is greater.

Some jurisdictions do not permit the exclusion of certain warranties or limitations of liability. If such exclusions are invalid in your jurisdiction, our liability will be limited to the maximum extent permitted by law.

10. Termination

10.1 Cancellation by You

You can cancel your subscription at any time through your account settings or by contacting us at MMS@MALACHMARKETING.COM. Cancellation takes effect at the end of your current billing period. No refunds will be provided for unused portions of the current billing cycle.

10.2 Termination by MaLach

We may suspend or terminate your account immediately, without notice, if you:

10.3 Effect of Termination

Upon termination:

11. Indemnification

You agree to indemnify, defend, and hold harmless MaLach and its officers, directors, employees, and agents from any and all claims, damages, losses, costs, and expenses (including attorney's fees) arising from or related to:

12. Modifications to Terms & Services

We may modify these Terms, our pricing, or our Services at any time. Material changes will be communicated to you via email or posted prominently on our website with at least 30 days' notice. Your continued use of our Services after changes constitutes acceptance of the modified Terms.

We may add, remove, or modify features of our Services at our discretion without liability.

13. Third-Party Integrations & Links

Our platform may integrate with or link to third-party services (payment processors, analytics, CRM tools, etc.). Your use of third-party services is subject to their terms, privacy policies, and fees. We are not responsible for:

You authorize us to share necessary data with integrations as instructed by you.

14. Confidentiality

You may share confidential business information with MaLach during consultations and service delivery. We agree to:

Exceptions: We may disclose information if required by law, court order, or to protect safety and rights.

15. Dispute Resolution

15.1 Informal Resolution

Before pursuing legal action, we encourage you to contact us to attempt to resolve the dispute informally.

15.2 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Florida.

15.3 Arbitration

For certain disputes, you and MaLach may agree to binding arbitration through a mutually selected arbitrator instead of court proceedings.

16. Entire Agreement

These Terms, together with your Service Agreement, SOW (if applicable), and our Privacy Policy, constitute the entire agreement between you and MaLach regarding your use of our Services. They supersede all prior discussions, negotiations, and agreements, whether written or oral.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it valid, or if not possible, severed. The remaining provisions will continue in full force and effect.

18. Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of MaLach.

19. Contact & Support

For questions, support, or concerns regarding these Terms or our Services:

MaLach LLC

Email: MMS@MALACHMARKETING.COM
Phone: +1 (352) 777-5724

Response time: We will respond to inquiries within 2 business days.

Note: These Terms apply to our platform and services. Specific details about your service plan, custom SOW terms, and pricing are outlined in your separate Service Agreement.