Terms of Service

Who this is between

This agreement is between you — the person or business opening the account — and Mogul to Mogul Consulting, LLC, a Michigan limited liability company. "We" and "us" mean Mogul to Mogul. "You" means you. "MXMINI" means the software at mini.mogulxos.com and everything in it.

Creating an account means you agree to this. If you are agreeing on behalf of a company, you are confirming you are allowed to.

The trial

Fourteen days, free, no card. Nothing is charged and there is nothing to cancel — if you walk away at the end, the account simply stops working and your data stays put until you delete it or ask us to.

What it costs

Prices are shown on the billing screen and on the website. Subscriptions renew automatically — monthly or annually, whichever you chose — until you cancel. You can cancel from inside the product at any time and keep access until the end of the period you have already paid for.

If we raise the price, it does not apply to you until your next renewal, and we will tell you before it does. If you have a founding membership, no price change applies to you at all, ever.

Taxes are your responsibility where they apply.

Refunds

Seven days, any plan, including founding access. If it is not what you expected, write to support@mogulxos.com within seven days of the charge and you get a full refund. No form, no reason required.

After seven days, subscriptions are not refunded for the period already paid — cancel and you keep access until it ends. The fourteen-day trial exists precisely so that nobody has to buy this to find out what it is.

Founding access

Founding access is one payment for a permanent license to use the hosted product. There are ten of them and the cap is enforced in the database, not just written on the sales page. It includes:

• Permanent access to the hosted product with no renewal date and nothing to cancel.
• The WordPress plugin build of MXMINI, and every future update to it, delivered by email with a license key. It is yours to install on your own site and your own hosting, and it is yours to keep.
• A direct line to us about what gets built next.

The plugin is the part that matters and it is a real commitment: if we ever stop operating the hosted product, you have the software and you can keep running your business on it. That right survives this agreement ending, and it survives us. It is licensed to you for your own business, and it is not yours to resell, redistribute or publish the source of.

Your data is yours

Everything you put into MXMINI belongs to you. We claim no ownership of it and no license to use it beyond what is needed to run the product for you — storing it, displaying it back to you, sending the emails you ask us to send.

You can export all of it at any time from Settings, in one file, with no notice period and no request to make. We do not use your content to train anything.

Your clients

You are responsible for the people you invite into your workspace. You decide what information about them goes in, and you are the data controller for it. We process it on your behalf under the Data Processing Addendum, which forms part of this agreement.

You confirm you have the right to put their information here and to communicate with them the way you do. Follow-up sequences send email on your behalf, from your address — what those emails say and who they go to is yours.

Payments between you and your clients

Your clients pay you directly, on your own connected Stripe account. The money never passes through us and we never hold it. We are not a party to any transaction between you and a client, and disputes, chargebacks and refunds on those payments are between you, your client and Stripe.

Your use of Stripe is governed by your own agreement with Stripe.

What you must not do

• Use it to send unsolicited bulk email.
• Upload malware, or content you have no right to.
• Try to access another workspace, or probe for a way to.
• Resell access to the hosted product, or share one account across separate businesses.
• Use it for anything illegal, or to harass anybody.

We may suspend an account doing any of these. Where it is safe and lawful to do so, we will tell you first and give you a chance to fix it.

Uptime, and what we actually promise

We do not offer a contractual uptime guarantee, and we would rather say so than publish a number we cannot back with credits. We aim to keep it running, we watch it, and we will tell you when something is wrong.

We may change or remove features. If we remove something you rely on, we will tell you before we do it.

Ending it

You can cancel any time from the billing screen, and delete the account entirely from Settings. Deleting is immediate and permanent — export first if you want a copy.

If you stop paying, the workspace locks: you can still sign in and export, and your clients' portals close. Nothing is deleted because you stopped paying. Subscribe again and everything is where you left it.

We may end this agreement if you break it, or on 30 days' notice with a pro-rata refund of anything you have paid for time you will not get.

The legal part

No warranty

The product is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that it will be uninterrupted, error-free, or that it will meet your requirements.

Limitation of liability

To the fullest extent the law allows, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, however caused. Our total liability arising out of this agreement is limited to the amount you paid us in the twelve months before the claim arose.

None of this limits liability for fraud, or for anything that cannot lawfully be limited.

Indemnity

You will indemnify us against claims arising from your content, from how you use the product, or from your relationship with your own clients.

Governing law

This agreement is governed by the laws of the State of Michigan, without regard to its conflict-of-laws rules. Any dispute will be brought in the state and federal courts located in Michigan, and both parties consent to that jurisdiction.

The rest

This agreement, together with the Privacy Policy and the Data Processing Addendum, is the whole agreement between us. If a court finds part of it unenforceable, the rest stands. Not enforcing something once does not waive it. You may not transfer this agreement without our consent; we may transfer it as part of a sale of the business, and if we do, the founding-access plugin commitment transfers with it.

Changes to these terms

We will email customers before a material change takes effect. Continuing to use the product after that means you accept the new version. If you do not, cancel and we will refund the unused part of what you have paid.

Getting in touch

Anything on this page: privacy@mogulxos.com. Anything else: support@mogulxos.com.

Mogul to Mogul Consulting, LLC, Michigan, United States.