Last Updated: June 25, 2026
These Terms of Service (“Terms”) are a legal agreement between MediaTrend Pro (“MediaTrend Pro,” “we,” “us,” or “our”) and the person or business entity that purchases, accesses, or uses the Services (“Client,” “you,” or “your”).
By creating an account, purchasing a subscription, accepting an order form, clicking to accept these Terms, or otherwise accessing or using the Services, you agree to be bound by these Terms.
If you accept these Terms on behalf of a business or other organization, you represent and warrant that you have authority to bind that organization. In that case, “Client,” “you,” and “your” refer to that organization.
If you do not agree to these Terms, do not purchase, access, or use the Services.
1.1 Business Use Only
The Services are offered only for business, trade, professional, or commercial use.
The Services are not offered for personal, family, or household purposes. By purchasing or using the Services, the Client represents that it is acquiring the Services for legitimate business purposes and not as a consumer for personal, family, or household use.
MediaTrend Pro may refuse, suspend, or terminate use of the Services that it reasonably believes is not for business purposes.
1.2 The Services
MediaTrend Pro provides a subscription-based front desk communication and client-management system known as the Smart Front Desk System.
Depending on the Client’s selected plan, account configuration, available features, and Third-Party Services, the Services may include tools for:
Managing business phone calls, text messages, email, website chat, and supported social-media messages;
Booking, managing, confirming, and reminding contacts about appointments;
Maintaining customer, prospect, and business records;
Sending follow-ups, reminders, review requests, and other communications;
Using automation and artificial-intelligence-assisted features, including an AI Receptionist;
Configuring communication channels, workflows, calendars, and related business tools;
Providing onboarding, implementation, training, technical support, and related assistance; and
Accessing additional features made available through the Services from time to time.
1.3 Third-Party Services
The Services may rely on or connect with third-party platforms, telecommunications carriers, messaging providers, email providers, payment processors, artificial-intelligence providers, social-media platforms, calendar providers, domain providers, contractors, and other vendors (“Third-Party Services”).
MediaTrend Pro may add, modify, replace, limit, suspend, or discontinue features, integrations, or Third-Party Services when reasonably necessary to operate, improve, secure, maintain, or support the Services.
1.4 No Emergency Services
The Services are not emergency services.
The Services must not be used to contact emergency responders, request emergency dispatch, provide emergency instructions, or transmit time-sensitive emergency communications. The Client must not rely on an AI Receptionist, automation, phone system, text message, email, website chat, or other Service feature to handle an emergency.
2.1 Account Information
The Client must provide accurate, complete, and current account, billing, business, and contact information.
The Client must promptly update information that changes, including its business name, address, billing contact, payment method, phone numbers, email addresses, Authorized Users, and Primary Account Administrator.
2.2 Authorized Users
The Client may permit its owners, employees, contractors, agents, and other authorized personnel to access the Services on the Client’s behalf (“Authorized Users”).
The Client is responsible for all activity occurring through its account, including activity by Authorized Users.
The Client must ensure that each Authorized User complies with these Terms.
The Client must not share login credentials outside its authorized team or allow unauthorized persons to access the Services.
2.3 Primary Account Administrator
The Client must designate at least one individual as its primary account administrator (“Primary Account Administrator”).
MediaTrend Pro may reasonably rely on instructions, approvals, requests, or account changes submitted by the Primary Account Administrator or another Authorized User with apparent authority.
The Client is responsible for promptly removing access for former employees, contractors, or other individuals who no longer require access.
2.4 Account Security
The Client must:
Keep account credentials secure;
Use reasonable security measures for devices, networks, and email accounts used to access the Services;
Promptly notify MediaTrend Pro of suspected unauthorized access, loss of credentials, account compromise, or security incident involving the Client’s account; and
Cooperate with reasonable account-security requests from MediaTrend Pro.
2.5 Account Ownership Disputes
MediaTrend Pro is not required to resolve internal ownership, employment, partnership, contractor, or access disputes involving the Client’s account.
If MediaTrend Pro reasonably believes that an account-access or ownership dispute exists, MediaTrend Pro may request supporting documentation, restrict account access, suspend changes, or suspend the account until the dispute is resolved.
3.1 Client Business Responsibility
As between MediaTrend Pro and the Client, the Client is solely responsible for:
Its business operations, products, services, offers, pricing, appointments, customer relationships, and business decisions;
The accuracy, legality, completeness, and appropriateness of its business information, content, instructions, scripts, workflows, automations, messages, recordings, data, and communications;
Its customer-service practices, marketing practices, staff practices, and internal business processes;
Its compliance with laws, regulations, carrier rules, platform policies, and industry requirements applicable to its business; and
Reviewing and supervising the settings, automations, communications, workflows, and AI Features used through its account.
3.2 Required Permissions and Consents
The Client is responsible for obtaining, documenting, maintaining, and honoring all rights, notices, permissions, consents, opt-ins, opt-outs, authorizations, and approvals required for its use of the Services.
This includes rights and permissions relating to:
Phone calls;
Text messages;
Email;
Call recording, monitoring, transcription, and analysis;
Artificial intelligence and automated communications;
Customer and prospect information;
Marketing communications;
Website chat;
Social-media messages;
Appointment reminders and review requests; and
Any Client Data or Client Content provided to MediaTrend Pro.
3.3 No Professional Advice
MediaTrend Pro provides technology, setup, configuration, onboarding, and support services.
MediaTrend Pro does not provide legal, regulatory, tax, accounting, medical, financial, employment, insurance, cybersecurity, or other professional advice.
The Services do not guarantee a particular business result, legal-compliance outcome, communication result, revenue result, lead volume, booking volume, review volume, customer outcome, or operational outcome.
4.1 Monthly Subscription
The Services are provided on a month-to-month subscription basis unless a separate order form or written agreement states otherwise.
The Client agrees to pay the subscription fee shown at checkout, in an applicable order form, or in the Client’s account.
Subscription fees are charged in advance on a recurring monthly basis until the Client cancels the subscription in accordance with these Terms.
Unless otherwise stated, fees are stated in U.S. dollars.
The Client is responsible for keeping its billing information, payment method, billing contact information, and account information current and accurate.
4.2 Authorization to Charge Payment Method
The Client authorizes MediaTrend Pro and its third-party payment processor to charge the Client’s selected payment method for:
The initial and recurring monthly subscription fees;
Any applicable one-time setup, onboarding, implementation, consulting, or additional-service fees;
Funding and automatic reloads of the Client’s Prepaid Usage Balance (“Wallet”);
Usage-based communication charges, carrier fees, registration fees, taxes, and other charges arising from the Client’s use of the Services; and
Any other charge separately authorized or agreed to by the Client through the Services.
This authorization remains effective until the Client cancels its subscription and all amounts due are paid in full.
4.3 Usage-Based Communication Charges
The monthly subscription fee does not include all usage-based communication costs.
The Client is responsible for charges associated with its actual use of phone, text messaging, email, carrier services, artificial-intelligence services, and other usage-based communication features made available through the Services.
These charges may include third-party provider costs, carrier fees, network fees, registration fees, verification fees, messaging fees, phone-number fees, email fees, artificial-intelligence charges, and similar charges.
Applicable usage rates and fees may change from time to time because of changes imposed by telecommunications carriers, messaging providers, email providers, artificial-intelligence providers, payment processors, or other Third-Party Services.
MediaTrend Pro does not control those third-party charges.
Any complimentary, promotional, bonus, or included usage is a limited service allowance. It is not cash, is not transferable, may not be sold or exchanged, and is not refundable.
4.4 Prepaid Usage Balance (“Wallet”)
Certain usage-based communication charges are paid through the Client’s Prepaid Usage Balance (“Wallet”).
The Wallet is a prepaid balance used to pay for eligible usage-based charges.
The Wallet is not a bank account, stored-value account, deposit account, credit account, or financial product. It does not earn interest.
MediaTrend Pro may establish default Wallet funding settings.
The Client may adjust its Wallet recharge threshold and refill amount through available account settings.
As the Client uses eligible communication services, applicable charges are deducted from the Wallet balance.
The Client is responsible for maintaining a sufficient Wallet balance to support its use of eligible communication services.
If the Wallet balance becomes low, reaches zero, cannot be reloaded, or has insufficient available funds, MediaTrend Pro may pause, limit, or disable affected communication features until the Wallet is funded successfully.
4.5 Automatic Wallet Reload and Smart Adjustment
Automatic Wallet reload is always active.
The Client authorizes MediaTrend Pro to charge the Client’s selected payment method when the Wallet reaches or falls below the applicable recharge threshold.
MediaTrend Pro may make Smart Adjustment available for Wallet reloads.
When Smart Adjustment is enabled, the Client authorizes MediaTrend Pro to adjust the Wallet reload amount when reasonably necessary to help reduce interruptions caused by the Client’s usage level.
Smart Adjustment may be enabled by default.
The Client may disable Smart Adjustment through available account settings.
MediaTrend Pro may send billing notifications to the Client’s account administrators regarding Wallet reloads and Smart Adjustments.
The Client remains responsible for monitoring its account, Wallet activity, and billing activity, whether or not a billing notification is received, delayed, filtered, unread, or unavailable.
4.6 Taxes and Fee Changes
All fees are exclusive of applicable sales, use, excise, value-added, goods-and-services, withholding, or similar taxes, assessments, levies, duties, or governmental charges, unless otherwise stated.
The Client is responsible for all applicable taxes associated with its purchase or use of the Services, excluding taxes based on MediaTrend Pro’s net income.
MediaTrend Pro may change subscription fees or other MediaTrend Pro charges by providing advance notice.
A subscription-fee change will apply only to a future billing period.
MediaTrend Pro will use reasonable efforts to provide at least thirty (30) days’ notice before a material subscription-fee increase takes effect.
The Client may cancel its subscription before a new subscription fee takes effect.
Third-party usage rates, carrier fees, network fees, and similar pass-through charges may change on shorter notice or without advance notice when MediaTrend Pro does not receive advance notice from the applicable Third-Party Service.
4.7 Declined, Reversed, or Disputed Payments
If any payment is declined, reversed, disputed, charged back, or otherwise not received when due, MediaTrend Pro may immediately suspend the Client’s account, access to the Services, Wallet-funded communication features, and related onboarding, support, implementation, or other work.
A failed or disputed payment does not eliminate the Client’s obligation to pay all amounts due.
For a payment dispute or chargeback, access may remain suspended until the dispute is withdrawn, resolved in MediaTrend Pro’s favor, or all amounts due are paid in full.
MediaTrend Pro may terminate the Client’s account for repeated, fraudulent, abusive, or bad-faith payment disputes or chargebacks.
5.1 Client Cancellation
The Client may cancel its subscription by using an available cancellation option in the Services or by providing written notice from its Primary Account Administrator to MediaTrend Pro at [email protected].
To avoid the next monthly subscription charge, the Client must submit its cancellation request before its next billing date.
Cancellation becomes effective at the end of the Client’s current paid billing period unless MediaTrend Pro confirms a different effective date in writing.
Cancellation stops future subscription renewals.
Cancellation does not cancel charges already incurred, including subscription fees for the current billing period, usage-based charges, carrier fees, Wallet charges, taxes, chargebacks, or other amounts then due.
5.2 No Prorated Subscription Refunds
Except where required by applicable law or expressly agreed by MediaTrend Pro in writing, monthly subscription fees, setup fees, onboarding fees, implementation fees, consulting fees, and other service fees are non-refundable and will not be prorated for an unused portion of a billing period.
5.3 Refund of Unused Paid Wallet Balance
After cancellation, MediaTrend Pro will refund the remaining unused portion of the Client’s paid Wallet balance, excluding complimentary, promotional, bonus, or otherwise non-purchased balances.
Any refund may be reduced by:
Usage-based charges, carrier fees, taxes, chargebacks, reversals, refunds, or other amounts owed by the Client;
Charges incurred but not yet posted to the Wallet or account;
Amounts reasonably necessary to reconcile delayed third-party usage charges; and
Amounts that cannot be returned due to fraud prevention, payment-processor restrictions, legal requirements, or other circumstances outside MediaTrend Pro’s reasonable control.
MediaTrend Pro will issue an eligible refund within thirty (30) days after the later of:
The effective date of cancellation; or
Completion of a reasonable final account reconciliation.
Refunds will be issued to the original payment method when reasonably possible.
MediaTrend Pro may require reasonable verification before issuing a refund.
5.4 Client Data and Account Access After Cancellation
The Client is responsible for exporting or downloading any Client Data it wishes to retain before cancellation becomes effective.
“Client Data” includes the Client’s contacts, conversations, messages, files, appointments, calendars, workflows, recordings, reports, and other information contained in or generated through the Client’s account.
Once cancellation becomes effective, the Client and its Authorized Users may lose access to the Services and Client Data.
MediaTrend Pro does not guarantee that Client Data will remain available after cancellation.
Where technically available, MediaTrend Pro may allow the Client to reactivate its account or request available Client Data for up to twenty-four (24) hours after cancellation becomes effective.
After that twenty-four-hour period, MediaTrend Pro has no obligation to reactivate the account, restore access, export Client Data, or make Client Data available.
MediaTrend Pro may delete, schedule for deletion, or instruct Third-Party Services to delete Client Data and account information after that period, subject to applicable law, technical limitations, backup systems, legal obligations, fraud-prevention needs, and Third-Party Service policies.
MediaTrend Pro is not responsible for Client Data that is deleted, inaccessible, unavailable, retained in a backup system, unable to be exported, or otherwise unavailable because the Client did not export it before cancellation, did not request assistance within the applicable period, or because of limitations imposed by Third-Party Services.
5.5 Phone Numbers, Messaging Registrations, and Transfers
A phone number, messaging registration, sender identity, or other communications asset associated with the Client’s account may be subject to the rules, eligibility requirements, approval processes, ownership rules, technical limits, and transfer requirements of telecommunications carriers, messaging providers, regulatory bodies, and other Third-Party Services.
Before cancelling the Services, the Client may request to transfer an eligible phone number to another provider.
The Client is responsible for beginning the transfer request through its new provider and for providing complete and accurate information required for the transfer.
MediaTrend Pro will reasonably cooperate with a valid transfer request, subject to applicable laws, carrier requirements, third-party approval, technical availability, and the Client’s completion of all required transfer steps.
The Client must not cancel the account or request deletion of the phone number before the transfer is completed.
MediaTrend Pro is not responsible for a delayed, rejected, failed, incomplete, or unavailable transfer caused by the Client, the new provider, a carrier, a messaging provider, incomplete information, third-party restrictions, or other circumstances outside MediaTrend Pro’s reasonable control.
If the Client does not complete a transfer before cancellation or deletion, the phone number, messaging registration, sender identity, and related communications assets may be removed, released, cancelled, deleted, or become unavailable.
5.6 Suspension or Termination by MediaTrend Pro
MediaTrend Pro may suspend or terminate the Client’s account, access to the Services, or specific features if the Client:
Fails to pay amounts due;
Violates these Terms, applicable law, carrier rules, messaging requirements, or Third-Party Service policies;
Uses the Services in a manner that creates a security, legal, compliance, fraud, reputational, or operational risk;
Provides false, incomplete, or misleading account information;
Engages in abusive, fraudulent, unlawful, harmful, or deceptive activity; or
Fails to reasonably cooperate with a security, compliance, verification, or carrier-registration request.
Where reasonably practical, MediaTrend Pro will provide notice and an opportunity to correct the issue.
MediaTrend Pro may suspend or terminate access immediately when necessary to protect the Services, other users, third parties, or comply with legal, carrier, platform, or security requirements.
Termination or suspension does not eliminate the Client’s obligation to pay amounts already due.
6.1 Client Responsibility for Communications
As between MediaTrend Pro and the Client, the Client is responsible for all calls, text messages, emails, social-media messages, website chats, automations, campaigns, review requests, workflows, and other communications sent, initiated, scheduled, approved, enabled, or used through the Services.
The Client must:
Obtain, document, and maintain all notices, permissions, consents, and authorizations required for its communications and use of Client Data;
Comply with applicable laws, regulations, carrier rules, platform policies, and industry requirements relating to calls, text messages, email, marketing, privacy, recordings, and artificial intelligence;
Honor opt-out requests, do-not-call requests, consent revocations, and other communication preferences as required by applicable law or policy;
Maintain accurate records supporting its consent, opt-in, opt-out, and communication-preference practices;
Complete and maintain required brand, campaign, sender, phone-number, toll-free, A2P, or other communications registrations;
Provide complete, accurate, and truthful information in connection with any registration, review, verification, or approval process; and
Maintain customer-facing terms, privacy notices, consent language, disclosures, opt-in forms, and communication practices required for the Client’s messaging and communication program.
The Client must not send or cause communications to be sent to a person who has opted out, revoked consent, requested that communications stop, or otherwise indicated that the person does not wish to receive further communications, except where the Client has a lawful basis to send the specific communication.
6.2 Prohibited Communications and Conduct
The Client must not use the Services to send or facilitate communications that are unlawful, deceptive, fraudulent, misleading, abusive, harassing, threatening, discriminatory, defamatory, invasive of privacy, or otherwise prohibited by applicable law, carrier rules, platform policies, or these Terms.
The Client must not use the Services to:
Send spam or unlawful unsolicited communications;
Misrepresent the Client’s identity, business, product, service, affiliation, or purpose;
Use a misleading caller ID, sender identity, phone number, email address, domain name, social-media identity, or message content;
Circumvent carrier filtering, anti-spam protections, registration requirements, usage limits, security controls, or platform restrictions;
Send malicious software, phishing messages, social-engineering messages, or communications intended to obtain passwords, payment information, or sensitive information through deception;
Send communications involving unlawful products, services, content, or activities;
Use the Services in a manner likely to cause carrier blocking, enforcement action, fines, account suspension, or harm to the reputation or operation of MediaTrend Pro or its Third-Party Services; or
Use the Services to impersonate a person, business, government entity, or other organization without authorization.
The Client is responsible for carrier fees, registration fees, penalties, fines, assessments, and other charges resulting from the Client’s communications, content, practices, or noncompliance.
6.3 AI Receptionist and Other AI Features
The Services may include artificial-intelligence-assisted features, including an AI Receptionist, automated conversation tools, suggested responses, transcription, summaries, workflow automation, and similar features (“AI Features”).
As part of the Client’s selected plan and onboarding, MediaTrend Pro will configure the initial AI Receptionist and related AI settings based on the information, instructions, materials, approvals, and business rules provided by the Client.
The Client remains responsible for reviewing and approving the AI Receptionist configuration before it is used with the Client’s customers, prospects, or other contacts.
This includes reviewing and approving scripts, prompts, knowledge sources, business information, appointment settings, escalation rules, routing instructions, automated responses, and other content or instructions used by AI Features.
After setup, the Client may modify the AI Receptionist, change its settings, or create additional AI Receptionists or AI Features through the Services.
The Client is responsible for:
Any changes it makes;
Any additional AI Receptionists or AI Features it creates;
The resulting communications, actions, content, configurations, and outcomes; and
Maintaining current and accurate information used by AI Features.
Unless MediaTrend Pro separately agrees in writing to provide additional setup, configuration, management, maintenance, or optimization services, MediaTrend Pro is not responsible for reviewing, maintaining, supervising, or updating Client-created or Client-modified AI Receptionists or AI Features.
AI Features may generate inaccurate, incomplete, outdated, misleading, inappropriate, or unexpected results.
The Client is responsible for supervising its use of AI Features and ensuring that AI-assisted communications remain appropriate for the Client’s business, customers, and legal obligations.
The Client must not use AI Features to:
Impersonate a real person without that person’s authorization;
Create or use an artificial, cloned, imitated, or synthetic voice without all required rights, notices, disclosures, and consents;
Place outbound calls using an artificial, prerecorded, synthetic, cloned, or AI-generated voice unless the Client has obtained all legally required consents and provides all legally required notices and opt-out methods;
Deceive, defraud, manipulate, harass, discriminate against, or harm another person;
Make unauthorized promises, guarantees, pricing commitments, legal commitments, or other binding representations on the Client’s behalf;
Make automated online communications intended to mislead a person about the artificial identity of the system in connection with a commercial transaction; or
Handle emergency communications or replace emergency services.
Where required by law, regulation, carrier rule, platform policy, or circumstances reasonably necessary to avoid misleading a person, the Client must disclose that a person is interacting with an automated or AI-assisted system.
MediaTrend Pro may limit, suspend, modify, or disable AI Features when reasonably necessary to address security, legal, carrier, platform, operational, or reputational concerns.
6.4 Call Recording, Monitoring, and Transcription
The Client is solely responsible for determining whether it may record, monitor, transcribe, analyze, store, or use a call, voicemail, chat, message, or other communication.
Before enabling or using recording, monitoring, transcription, or similar features, the Client must provide all notices and obtain all consents required by applicable law.
The Client is also responsible for its retention, deletion, security, access, and use of recordings, transcripts, and related information.
MediaTrend Pro does not determine whether a communication is confidential, whether a recording is lawful, or whether the Client has obtained legally sufficient consent.
6.5 No Guarantee of Delivery or Availability
Calls, text messages, emails, social-media messages, website chats, and other communications depend on telecommunications carriers, internet providers, messaging platforms, email providers, social-media platforms, and other Third-Party Services.
MediaTrend Pro does not guarantee that any communication will be delivered, received, transmitted without delay, displayed, routed, accepted, or free from filtering, blocking, rejection, interruption, or error.
A delivery status, sent status, read status, or similar indicator does not guarantee that a communication was actually received, viewed, understood, or acted upon by its intended recipient.
6.6 Enforcement
Without limiting MediaTrend Pro’s other rights under these Terms, MediaTrend Pro may immediately suspend, restrict, or disable communications, AI Features, phone numbers, automations, campaigns, workflows, or account access when MediaTrend Pro reasonably believes that the Client’s use may violate applicable law, carrier rules, platform policies, these Terms, or create a security, fraud, compliance, operational, or reputational risk.
MediaTrend Pro may require the Client to modify, pause, remove, or provide additional information regarding a communication, workflow, AI configuration, registration, consent process, or feature before restoring access.
7.1 Onboarding and Initial Configuration
As part of the Client’s selected plan, MediaTrend Pro will provide the onboarding, setup, and initial configuration services described in the Client’s order form, checkout page, plan description, or written agreement.
Initial configuration may include, as applicable:
Creating or configuring the Client’s account;
Setting up communication channels, calendars, workflows, automations, and other included features;
Configuring the initial AI Receptionist in accordance with Section 6.3;
Providing onboarding guidance and training; and
Assisting with the initial launch of the Services.
The scope of setup and configuration depends on the Client’s selected plan, the information and materials provided by the Client, the availability of required Third-Party Services, and the technical capabilities of the Services.
MediaTrend Pro may provide onboarding, configuration, training, support, or other Services directly or through qualified employees, contractors, or service providers acting on its behalf.
7.2 Client Cooperation During Setup
The Client must provide accurate, complete, and timely information, materials, approvals, access, and cooperation reasonably needed for MediaTrend Pro to provide onboarding, setup, support, or other Services.
This may include:
Business information, service details, hours, pricing, policies, and appointment rules;
Access to authorized Third-Party Services, integrations, calendars, phone numbers, domains, social-media accounts, email accounts, or business profiles;
Approved scripts, responses, workflows, routing instructions, and AI Receptionist information;
Required consents, registrations, verification documents, and messaging-compliance information; and
Timely review and approval of proposed configurations before they are activated.
The Client represents that it has authority to provide MediaTrend Pro with access, information, materials, credentials, content, or instructions supplied by or on behalf of the Client.
MediaTrend Pro is not responsible for delays, incomplete setup, failed integrations, missed launch dates, loss of functionality, or other issues caused by incomplete, inaccurate, delayed, or unauthorized information, access, approvals, instructions, or cooperation from the Client or a Third-Party Service.
7.3 No Guaranteed Setup or Launch Timeline
MediaTrend Pro will use reasonable efforts to complete onboarding and initial configuration in a professional manner.
MediaTrend Pro does not guarantee a particular setup date, launch date, response time, completion time, or business outcome unless expressly agreed in a separate written agreement signed by MediaTrend Pro.
Setup and launch timing may be affected by factors outside MediaTrend Pro’s reasonable control, including:
Delays in Client approvals or communication;
Carrier, messaging, phone-number, A2P, email, social-media, domain, or third-party verification requirements;
Third-Party Service outages, limitations, policy changes, reviews, or technical issues;
Incomplete or inaccurate Client information; and
Requests for changes outside the original setup scope.
7.4 Support Services
MediaTrend Pro will make support available through the support channels included with the Client’s selected plan.
Support may include onboarding assistance, technical troubleshooting, live chat, knowledge-base resources, guidance regarding normal use of the Services, and one-on-one assistance when reasonably needed.
“24/7” support availability means the Client may submit a support request at any time through an available support channel.
It does not guarantee an immediate response, immediate resolution, uninterrupted support access, a specific response time, or a specific resolution time.
Unless separately agreed in writing, standard support does not include:
Custom software development, custom coding, or custom integrations;
Building or redesigning extensive workflows, websites, funnels, campaigns, forms, or automations beyond the original setup scope;
Ongoing content creation, marketing strategy, advertising management, lead generation, or sales services;
Legal, regulatory, tax, medical, financial, employment, or other professional advice;
Correcting problems caused by Client-made changes, Client-provided content, Third-Party Services, unsupported integrations, or unauthorized access;
Recovering deleted data, messages, workflows, recordings, phone numbers, or other information that is no longer technically available; or
Services requiring significant additional work beyond the Client’s selected plan.
MediaTrend Pro may offer additional configuration, training, optimization, implementation, consulting, or custom work for an additional charge.
7.5 Third-Party Services and Integrations
The Services may rely on or connect with Third-Party Services.
The Client’s use of a Third-Party Service may be subject to that provider’s separate terms, policies, fees, approval processes, technical requirements, and privacy practices.
The Client is responsible for reviewing and complying with applicable third-party terms and requirements.
MediaTrend Pro does not control and is not responsible for:
Third-Party Service availability, outages, interruptions, delays, errors, changes, restrictions, suspensions, or discontinuations;
Carrier filtering, blocked calls or messages, rejected registrations, delayed verification, number-transfer issues, or delivery failures;
Third-party fees, pricing changes, usage limits, policy changes, approval decisions, or enforcement actions;
The security, privacy, content, functionality, accuracy, or legality of a Third-Party Service; or
Any loss, damage, delay, or interruption resulting from the Client’s use of, inability to use, or reliance on a Third-Party Service.
7.6 Changes to the Services
MediaTrend Pro may update, improve, modify, replace, add, limit, suspend, or discontinue features, tools, integrations, workflows, interfaces, or other aspects of the Services from time to time.
MediaTrend Pro will use reasonable efforts to provide advance notice of material changes expected to substantially affect the Client’s normal use of the Services when advance notice is reasonably practical.
MediaTrend Pro may make changes without advance notice when reasonably necessary to address security concerns, legal requirements, carrier requirements, Third-Party Service changes, technical issues, fraud, abuse, or operational risks.
The Client’s purchase or use of the Services is not contingent on the future availability of a particular feature, integration, Third-Party Service, product update, or functionality unless MediaTrend Pro expressly agrees otherwise in writing.
7.7 Maintenance and Service Interruptions
MediaTrend Pro may perform maintenance, updates, repairs, security work, or other changes that temporarily affect access to some or all of the Services.
MediaTrend Pro will use reasonable efforts to minimize planned interruptions when practical.
However, the Services may be unavailable, delayed, limited, or interrupted because of maintenance, technical failures, internet-service issues, Third-Party Service outages, carrier issues, security events, or circumstances outside MediaTrend Pro’s reasonable control.
Except as expressly stated in a separate written agreement, MediaTrend Pro does not guarantee uninterrupted, error-free, secure, or continuously available access to the Services.
8.1 Client Data and Client Content
As between MediaTrend Pro and the Client, the Client retains any rights it has in its Client Data and Client Content.
“Client Content” means the Client’s business name, logo, branding, service descriptions, pricing, images, documents, scripts, knowledge-base materials, website content, and other materials provided by or on behalf of the Client.
The Client grants MediaTrend Pro a non-exclusive, worldwide, royalty-free right to use, reproduce, store, process, transmit, display, modify, and otherwise handle Client Data and Client Content solely as reasonably necessary to:
Provide, operate, secure, maintain, support, and improve the Services;
Configure the Client’s account;
Provide onboarding, support, implementation, and related Services;
Comply with law;
Enforce these Terms; and
Create aggregated or de-identified information that does not reasonably identify the Client or an individual.
The Client represents and warrants that it has all rights, permissions, notices, and consents necessary to provide Client Data and Client Content to MediaTrend Pro and to permit MediaTrend Pro to use them as described in these Terms.
8.2 MediaTrend Pro Materials
As between MediaTrend Pro and the Client, MediaTrend Pro retains all right, title, and interest in and to the Services and all MediaTrend Pro Materials.
“MediaTrend Pro Materials” includes the Smart Front Desk System; MediaTrend Pro’s brand, trademarks, documentation, training materials, templates, reusable workflows, automations, configuration methods, AI prompt structures, AI Receptionist designs, scripts, system architecture, processes, know-how, improvements, modifications, and derivative works, whether created before or during the Client’s use of the Services.
MediaTrend Pro Materials do not include Client Data or Client Content.
The Client does not acquire ownership of MediaTrend Pro Materials merely because they are configured, customized, used, displayed, or made available in the Client’s account.
Third-Party Services remain the property of their respective owners.
8.3 Limited Right to Use the Services
Subject to the Client’s continued compliance with these Terms and payment of all amounts due, MediaTrend Pro grants the Client a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services and MediaTrend Pro Materials made available through the Client’s account solely for the Client’s internal business purposes during its active subscription.
The Client may allow Authorized Users to access the Services only for the Client’s internal business purposes and only in accordance with these Terms.
Except as expressly allowed by these Terms, the Client must not:
Copy, reproduce, distribute, sell, resell, lease, sublicense, assign, transfer, or commercially exploit the Services or MediaTrend Pro Materials;
Remove, obscure, or alter proprietary notices, branding, trademarks, or other ownership notices;
Reverse engineer, decompile, disassemble, or attempt to discover source code, underlying ideas, or system architecture;
Use the Services or MediaTrend Pro Materials to build, support, or operate a competing product or service;
Access or use the Services for the benefit of another person or business without MediaTrend Pro’s written approval; or
Allow unauthorized persons to access the Services or use the Client’s account credentials.
8.4 Client-Specific Setup and Configurations
MediaTrend Pro may configure account settings, workflows, automations, templates, AI Receptionist settings, scripts, calendars, communication channels, and related materials for the Client as part of onboarding or other agreed services.
Those configurations may include both Client Content and MediaTrend Pro Materials.
The Client retains rights to its Client Content and Client Data.
MediaTrend Pro retains rights to its underlying templates, methods, reusable components, workflows, automations, AI prompt structures, configuration designs, and other MediaTrend Pro Materials used in or incorporated into the setup.
The Client may use the configuration made available in its account during its active subscription.
Unless otherwise agreed in writing, the Client does not receive a right to copy, transfer, reuse, sell, distribute, or recreate MediaTrend Pro Materials outside the Services after its subscription ends.
This Section does not prevent the Client from retaining or using Client Data, Client Content, business information, customer records, scripts, or other materials that the Client independently owns.
8.5 Feedback
If the Client provides suggestions, ideas, feedback, or recommendations about the Services (“Feedback”), MediaTrend Pro may use that Feedback without restriction, obligation, payment, or attribution to the Client.
The Client grants MediaTrend Pro a perpetual, irrevocable, worldwide, royalty-free right to use, reproduce, modify, create derivative works from, distribute, and otherwise use Feedback for any lawful business purpose.
8.6 Client Name and Logo
MediaTrend Pro may use the Client’s name, logo, and brand materials only as reasonably necessary to provide the Services, configure the Client’s account, or communicate with the Client regarding the Services.
MediaTrend Pro will not publicly identify the Client as a customer, use the Client’s name or logo in marketing materials, publish a case study, or issue a public announcement about the Client without the Client’s prior written permission.
8.7 Reservation of Rights
Except for the limited rights expressly granted in these Terms, each party retains all rights not expressly granted to the other party.
No implied license, ownership right, transfer, assignment, or other right is created by these Terms.
9.1 Privacy Policy
MediaTrend Pro’s collection, use, disclosure, and handling of personal information is described in the MediaTrend Pro Privacy Policy available at https://mediatrendpro.com/privacy-policy.
The Privacy Policy is incorporated into these Terms by reference.
The Client is responsible for maintaining its own privacy notices, disclosures, consent language, and data-handling practices for its customers, prospects, employees, and other contacts.
9.2 Processing of Client Data
The Client instructs MediaTrend Pro to access, store, use, transmit, and otherwise process Client Data as reasonably necessary to provide, operate, secure, maintain, support, improve, and enforce the Services and these Terms.
MediaTrend Pro may use employees, contractors, service providers, and Third-Party Services to process Client Data on its behalf, provided that such parties are permitted to process the information only as reasonably necessary to provide or support the Services, comply with legal obligations, protect the Services, or enforce these Terms.
The Client remains responsible for determining whether its use of the Services, including its collection and use of Client Data, complies with applicable privacy, data-protection, communications, recording, and industry-specific laws.
9.3 California Privacy Addendum
To the extent the California Consumer Privacy Act, as amended by the California Privacy Rights Act (“CCPA”), applies to the Client’s disclosure of personal information to MediaTrend Pro, this Section applies.
For purposes of this Section:
The Client discloses personal information to MediaTrend Pro for the limited and specified purposes of providing, maintaining, securing, supporting, and improving the Services, as described in these Terms;
MediaTrend Pro acts as the Client’s service provider or contractor, as applicable, with respect to Client personal information processed on behalf of the Client;
MediaTrend Pro will not sell or share Client personal information;
MediaTrend Pro will not retain, use, or disclose Client personal information for a purpose other than the limited and specified purposes described in these Terms, except as otherwise permitted by applicable law;
MediaTrend Pro will not combine Client personal information with personal information received from another person or collected from MediaTrend Pro’s own interactions with an individual, except as permitted by applicable law;
MediaTrend Pro will provide the level of privacy protection required by applicable law for the Client personal information it processes;
MediaTrend Pro will notify the Client if MediaTrend Pro determines that it can no longer meet its obligations under this Section;
The Client may take reasonable and appropriate steps to help ensure that MediaTrend Pro uses Client personal information in a manner consistent with the Client’s obligations under applicable law; and
MediaTrend Pro will reasonably cooperate with the Client regarding privacy requests or remediation requests involving Client personal information, subject to applicable law, technical feasibility, security requirements, and reasonable cost.
Nothing in this Section prevents MediaTrend Pro from using de-identified or aggregated information that does not reasonably identify the Client or an individual.
9.4 Confidential Information
“Confidential Information” means non-public information disclosed by one party to the other that is identified as confidential or that reasonably should be understood to be confidential based on its nature or the circumstances of disclosure.
Client Confidential Information includes Client Data, Client Content, account credentials, business records, customer information, pricing, internal processes, and non-public business information.
MediaTrend Pro Confidential Information includes the Services, MediaTrend Pro Materials, pricing, product plans, documentation, training materials, templates, workflows, system architecture, configuration methods, AI prompt structures, technical information, and non-public business information.
Confidential Information does not include information that the receiving party can demonstrate:
Was publicly available through no breach of these Terms;
Was lawfully known to the receiving party without confidentiality restrictions before disclosure;
Was lawfully received from another source without a duty of confidentiality; or
Was independently developed without use of the disclosing party’s Confidential Information.
Each party will use the other party’s Confidential Information only as reasonably necessary to perform under these Terms, exercise its rights, comply with law, or enforce these Terms.
Each party will protect the other party’s Confidential Information using reasonable care and will not disclose it to third parties except to its employees, contractors, professional advisers, service providers, or other representatives who have a legitimate need to know the information and are subject to confidentiality obligations.
A party may disclose Confidential Information when required by law, subpoena, court order, governmental request, or other legal process.
When legally permitted and reasonably practical, that party will provide advance notice to the other party so the other party may seek protective treatment.
9.5 Data Security
MediaTrend Pro will use reasonable administrative, technical, and organizational safeguards designed to protect Client Data against unauthorized access, use, alteration, disclosure, or destruction.
The Client is responsible for protecting account credentials, controlling Authorized User access, promptly removing access for former personnel, maintaining secure devices and networks, and notifying MediaTrend Pro promptly of suspected unauthorized account access or a security incident involving the Client’s account.
No method of electronic transmission, storage, or internet-based service is completely secure.
MediaTrend Pro does not guarantee that the Services or Client Data will always be secure, uninterrupted, error-free, or free from unauthorized access, loss, or corruption.
9.6 Security Incidents
If MediaTrend Pro confirms a security incident involving unauthorized access to or acquisition of Client Data within MediaTrend Pro’s control, MediaTrend Pro will notify the Client without undue delay and in accordance with applicable law.
MediaTrend Pro will provide information reasonably available to it regarding the nature of the incident and the steps MediaTrend Pro is taking to address it.
Unless applicable law requires otherwise, the Client is responsible for determining whether notices to affected individuals, regulators, customers, prospects, employees, insurers, or other parties are required as a result of an incident involving Client Data, and for providing any such notices.
9.7 Sensitive and Regulated Information
Unless MediaTrend Pro expressly agrees otherwise in a separate written agreement signed by MediaTrend Pro, the Client must not use the Services to collect, store, transmit, or process:
Protected health information regulated by HIPAA;
Payment-card information, bank-account information, or other financial-account information, except through an authorized payment processor or feature expressly designed for that purpose;
Social Security numbers, government-issued identification numbers, passport numbers, driver’s-license numbers, or similar highly sensitive identifiers;
Information subject to heightened legal, regulatory, contractual, or industry-specific security obligations; or
Information that the Client is not legally authorized to collect, use, disclose, or provide to MediaTrend Pro.
MediaTrend Pro does not enter into a Business Associate Agreement, payment-card processing agreement, or other specialized data-processing agreement unless it expressly agrees to do so in a separate written agreement signed by MediaTrend Pro.
The Client is solely responsible for any sensitive or regulated information it submits to the Services in violation of this Section.
The Services are not offered for use by healthcare providers, law firms, or other businesses that need to collect, store, transmit, or process protected health information, privileged legal information, or other sensitive or regulated information.
9.8 Data Retention and Deletion
Client Data retention, account closure, cancellation, export rights, and deletion are governed by Section 5 of these Terms.
MediaTrend Pro may retain limited Client Data, account records, billing records, logs, and other information for as long as reasonably necessary to comply with legal obligations, resolve disputes, prevent fraud, enforce these Terms, maintain backups, or protect the Services.
10.1 Limited Express Commitments
MediaTrend Pro will provide onboarding, initial configuration, support, and other Services expressly described in these Terms, the Client’s selected plan, an applicable order form, or another written agreement signed by MediaTrend Pro.
Except for those express commitments, and to the maximum extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis.
10.2 Disclaimer of Warranties
To the maximum extent permitted by applicable law, MediaTrend Pro disclaims all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, availability, security, uninterrupted operation, and freedom from errors, defects, viruses, or harmful components.
MediaTrend Pro does not warrant that the Services will meet the Client’s particular needs, operate with every device, integration, platform, carrier, browser, network, or Third-Party Service, or remain available without interruption.
10.3 No Guarantee of Business, Communication, or Compliance Results
MediaTrend Pro does not guarantee a particular business, financial, marketing, operational, communication, customer-service, or compliance result from the Services.
Without limiting the foregoing, MediaTrend Pro does not guarantee:
Any number of leads, calls, messages, appointments, bookings, reviews, sales, revenue, or customers;
That a call, text message, email, social-media message, website chat, voicemail, reminder, automation, or other communication will be delivered, received, opened, answered, understood, acted upon, or produce a particular result;
That the Client will avoid missed calls, missed messages, no-shows, cancellations, lost opportunities, disputes, chargebacks, complaints, or customer dissatisfaction;
That the Client’s use of the Services will comply with applicable laws, regulations, carrier rules, platform policies, industry requirements, or contractual obligations; or
That a Third-Party Service, carrier, platform, integration, phone number, registration, approval, or communication channel will remain available, approved, supported, or free from restrictions.
The Client remains responsible for its own business decisions, operations, customer communications, legal compliance, and use of the Services.
10.4 AI Features and Automated Outputs
AI Features may produce inaccurate, incomplete, outdated, misleading, inappropriate, or unexpected content, responses, summaries, transcriptions, recommendations, appointments, or other outputs.
The Client is responsible for reviewing and supervising AI-assisted communications and decisions before relying on them in situations where accuracy, judgment, legal compliance, customer impact, or business risk matters.
MediaTrend Pro does not guarantee that an AI Feature will correctly understand a caller, accurately answer a question, schedule an appointment correctly, provide complete information, identify an emergency, follow every instruction, or produce an outcome suitable for the Client’s particular business.
The Client must not rely on AI Features as a substitute for legal, medical, financial, mental-health, emergency, or other professional advice or judgment.
10.5 Third-Party Services
MediaTrend Pro does not make any warranty regarding Third-Party Services.
The Client’s use of Third-Party Services is at the Client’s own risk and subject to the applicable third party’s terms, policies, fees, availability, technical requirements, approval processes, and limitations.
MediaTrend Pro is not responsible for third-party outages, carrier filtering, blocked or delayed communications, failed verifications, rejected registrations, number-transfer issues, integration failures, policy changes, pricing changes, or discontinuation of Third-Party Services.
11.1 Client Indemnity Obligation
To the maximum extent permitted by applicable law, the Client will indemnify, defend, and hold harmless MediaTrend Pro, its owner, employees, contractors, service providers, affiliates, successors, and assigns (collectively, the “MediaTrend Pro Parties”) from and against any third-party claim, demand, complaint, investigation, action, proceeding, liability, loss, damage, judgment, settlement, penalty, fine, cost, or expense, including reasonable attorneys’ fees and costs (collectively, “Claims”), to the extent arising out of or relating to:
The Client’s business, products, services, offers, appointments, customer relationships, employees, contractors, or business operations;
Client Data, Client Content, or materials, information, instructions, scripts, prompts, knowledge sources, or other content provided, approved, uploaded, or used by or on behalf of the Client;
Any call, text message, email, social-media message, website chat, recording, transcription, campaign, workflow, automation, review request, or other communication sent, initiated, approved, scheduled, enabled, or used by or on behalf of the Client through the Services;
The Client’s failure to obtain, document, maintain, or honor required notices, permissions, consents, opt-ins, opt-outs, do-not-call requests, consent revocations, registrations, disclosures, or communication preferences;
The Client’s recording, monitoring, transcription, storage, use, or disclosure of calls, messages, or other communications;
The Client’s use, modification, supervision, or operation of AI Features, including a Client-created or Client-modified AI Receptionist, or a Client-provided or Client-approved AI script, prompt, instruction, knowledge source, response, workflow, or business rule;
The Client’s breach of these Terms, applicable law, carrier rules, platform policies, Third-Party Service requirements, or contractual obligations owed by the Client to another person or entity;
An unauthorized, unlawful, misleading, deceptive, infringing, harmful, fraudulent, abusive, or negligent act or omission by the Client or its Authorized Users; or
A dispute between the Client and its customers, prospects, employees, contractors, referral partners, vendors, or other contacts.
11.2 Limits on Client Indemnity
The Client’s indemnity obligations apply only to the extent a Claim arises from the matters listed in Section 11.1.
The Client is not required to indemnify a MediaTrend Pro Party to the extent that a final, non-appealable decision by a court of competent jurisdiction determines that the Claim resulted directly from:
MediaTrend Pro’s gross negligence, willful misconduct, fraud, or violation of applicable law;
MediaTrend Pro’s material breach of these Terms; or
MediaTrend Pro’s unauthorized use of Client Data or Client Content outside the rights granted under these Terms.
11.3 Indemnity Process
MediaTrend Pro will provide the Client with reasonably prompt written notice of a Claim for which it seeks indemnification.
A delay in notice does not relieve the Client of its obligations except to the extent the delay materially prejudices the Client’s ability to defend the Claim.
The Client will promptly assume and control the defense of the Claim using counsel reasonably acceptable to MediaTrend Pro.
MediaTrend Pro may participate in the defense with counsel of its own choosing at its own expense.
The Client may not settle a Claim in a manner that imposes liability, fault, admission, payment obligation, restriction, or other material obligation on a MediaTrend Pro Party without MediaTrend Pro’s prior written consent.
If the Client does not timely assume the defense of a covered Claim, MediaTrend Pro may defend or settle the Claim and seek reimbursement from the Client for reasonable costs and expenses incurred, to the extent permitted by applicable law.
12.1 Exclusion of Certain Damages
To the maximum extent permitted by applicable law, MediaTrend Pro and the MediaTrend Pro Parties will not be liable to the Client or any third party for indirect, incidental, special, exemplary, punitive, or consequential damages arising out of or relating to the Services, these Terms, or the Client’s use of or inability to use the Services.
This exclusion includes damages for lost profits, lost revenue, lost business opportunities, lost leads, missed calls or messages, lost appointments, lost goodwill, reputational harm, loss of data, business interruption, cost of substitute services, or other similar commercial or economic loss, even if MediaTrend Pro was advised of the possibility of such damages.
12.2 Cap on MediaTrend Pro’s Liability
To the maximum extent permitted by applicable law, the total aggregate liability of MediaTrend Pro and the MediaTrend Pro Parties for all claims arising out of or relating to the Services or these Terms will not exceed the total subscription and service fees actually paid by the Client to MediaTrend Pro during the three (3) months immediately before the event giving rise to the claim.
For clarity, the liability cap excludes taxes, carrier fees, Third-Party Service charges, usage-based communication charges, and Wallet balances.
This limitation applies regardless of the legal theory asserted, including contract, negligence, tort, strict liability, statute, or another theory of liability.
12.3 Client Obligations Not Limited
Nothing in this Section limits the Client’s obligation to:
Pay all amounts owed to MediaTrend Pro;
Comply with its obligations under Sections 6 and 9 of these Terms;
Indemnify, defend, or hold harmless the MediaTrend Pro Parties under Section 11; or
Remain responsible for its business practices, communications, content, data, recordings, AI use, and legal compliance.
12.4 Non-Excludable Liability
Nothing in these Terms excludes or limits liability to the extent that such exclusion or limitation is prohibited by applicable law.
Nothing in these Terms is intended to limit MediaTrend Pro’s liability for fraud, willful misconduct, or violation of law to the extent such liability cannot lawfully be excluded or limited.
12.5 Essential Basis of the Agreement
The limitations in this Section are an essential part of the agreement between MediaTrend Pro and the Client.
The Client acknowledges that MediaTrend Pro has set its fees and agreed to provide the Services in reliance on these limitations of liability.
13.1 Informal Resolution
Before filing a lawsuit or other legal proceeding arising out of or relating to these Terms or the Services, the party asserting the dispute must provide the other party with written notice describing the dispute and the relief requested.
The parties will use good-faith efforts to resolve the dispute informally for at least thirty (30) days after notice is received.
This Section does not prevent either party from seeking immediate temporary, preliminary, or equitable relief from a court of competent jurisdiction when necessary to prevent unauthorized access, misuse of the Services, infringement, disclosure of Confidential Information, fraud, security harm, or other imminent harm.
13.2 Governing Law
These Terms and any dispute arising out of or relating to these Terms or the Services will be governed by and interpreted under the laws of the State of California, without regard to its conflict-of-laws principles.
Federal law will apply where applicable.
13.3 Exclusive Venue and Jurisdiction
Except where applicable law requires otherwise, any lawsuit, action, or proceeding arising out of or relating to these Terms or the Services must be brought exclusively in:
The state courts located in San Diego County, California; or
If a federal court has subject-matter jurisdiction, the United States District Court for the Southern District of California.
Each party consents to the personal jurisdiction and venue of those courts and waives any objection that such forum is inconvenient or improper.
Nothing in this Section prevents either party from bringing an eligible claim in small claims court where jurisdiction is proper.
14.1 Notices
MediaTrend Pro may provide notices to the Client by email to the email address associated with the Client’s account, through the Services, through an account notification, or by posting the notice on the MediaTrend Pro website.
The Client is responsible for keeping its account email address and contact information current.
Notices to MediaTrend Pro regarding ordinary support, billing, cancellation, or account matters may be sent to [email protected].
Formal legal notices to MediaTrend Pro must be sent to:
MediaTrend Pro
[email protected]
415 Laurel St #3001, San Diego, CA 92101
A notice is considered received:
If sent by email, when sent, unless the sender receives an automated delivery-failure notice;
If delivered through the Services or an account notification, when made available to the Client; or
If mailed, three (3) business days after being sent by a nationally recognized courier or certified mail, return receipt requested.
14.2 Electronic Communications and Acceptance
The Client agrees that MediaTrend Pro may communicate with the Client electronically, including through email, account notifications, the Services, text message, or website postings.
The Client agrees that electronic notices, records, agreements, disclosures, consents, approvals, and signatures satisfy any legal requirement that such communications be in writing or signed.
The Client’s creation of an account, purchase of the Services, payment of fees, use of the Services, electronic acceptance of these Terms, or continued use of the Services after the effective date of an updated version of these Terms constitutes the Client’s acceptance of these Terms.
14.3 Changes to These Terms
MediaTrend Pro may update these Terms from time to time.
When MediaTrend Pro makes a material change, MediaTrend Pro will use reasonable efforts to provide advance notice through the Client’s account, by email, through the Services, or by another reasonable method.
Unless a different effective date is stated, an updated version of these Terms will become effective thirty (30) days after notice is provided.
MediaTrend Pro may make changes effective sooner when reasonably necessary to comply with law, address security concerns, respond to carrier or Third-Party Service requirements, prevent fraud or abuse, or protect the Services.
If the Client does not agree to an updated version of these Terms, the Client must cancel its subscription before the updated Terms become effective.
Continued use of the Services after the effective date constitutes acceptance of the updated Terms.
14.4 Assignment
The Client may not assign, transfer, delegate, or sublicense these Terms, its account, or any rights or obligations under these Terms without MediaTrend Pro’s prior written consent.
MediaTrend Pro may assign or transfer these Terms, in whole or in part, to an affiliate, successor, purchaser of substantially all of its assets, or successor in connection with a merger, reorganization, sale, or transfer of its business or assets.
Any attempted assignment by the Client in violation of this Section is void.
14.5 Independent Contractors
The parties are independent contractors.
Nothing in these Terms creates or is intended to create a partnership, joint venture, franchise, employment relationship, fiduciary relationship, agency relationship, or other similar relationship between the parties.
Neither party may bind the other party or make commitments, warranties, representations, or obligations on the other party’s behalf unless expressly authorized in writing.
14.6 Force Majeure
MediaTrend Pro will not be liable for a delay, interruption, failure, or inability to perform caused by events outside its reasonable control, including natural disasters, fire, flood, earthquake, severe weather, war, terrorism, civil unrest, labor disputes, governmental action, legal or regulatory changes, carrier failures, internet or telecommunications outages, power failures, Third-Party Service outages, cyberattacks, security incidents, or other similar events.
This Section does not excuse the Client’s obligation to pay amounts that became due before the force-majeure event.
14.7 Severability
If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law.
The remaining provisions will remain in full force and effect.
14.8 No Waiver
A failure or delay by either party to enforce a provision of these Terms does not waive that party’s right to enforce the provision later.
Any waiver must be in writing and signed by the party granting the waiver.
14.9 Entire Agreement and Order of Precedence
These Terms, the Privacy Policy, any applicable order form, plan description, checkout page presented to and accepted by the Client, and any written agreement signed by MediaTrend Pro constitute the entire agreement between the parties regarding the Services.
They replace all prior or contemporaneous discussions, proposals, statements, promises, understandings, or agreements relating to the Services.
If there is a conflict between these Terms and an order form or another written agreement signed by MediaTrend Pro, the signed order form or written agreement will control only to the extent of the specific conflict.
14.10 No Third-Party Beneficiaries
These Terms are for the benefit of the Client and MediaTrend Pro only.
No other person or entity has a right to enforce these Terms, except that the MediaTrend Pro Parties may enforce provisions that expressly protect them.
14.11 Survival
Any provision of these Terms that by its nature should survive expiration, cancellation, suspension, or termination will survive.
This includes provisions relating to payment obligations, refunds, account closure, data deletion, intellectual property, confidentiality, disclaimers, indemnification, limitations of liability, governing law, disputes, and general legal terms.
14.12 Headings and Interpretation
Headings are included for convenience only and do not affect the meaning or interpretation of these Terms.
The words “including,” “includes,” and similar terms mean “including without limitation.”
These Terms will not be interpreted against either party merely because that party drafted or proposed a provision.