End User Licence Agreement (EULA)

Business Name: Marketing x Profit Pty Ltd

Trading As: Marketing x Profit (MxP)

Governing Law: Queensland, Australia

1. Agreement Overview

This Terms and Conditions document constitutes a legally binding End User Licence Agreement (EULA) between you (“Client”, “User”) and Marketing x Profit Pty Ltd (“MxP”, “we”, “us”, “our”).

By purchasing, accessing, or using MxP, you agree to be bound by these Terms.

2. Licence Grant (Access, Usage & Licensing)

The $495 setup fee and $49/week subscription provide a limited, non-exclusive, non-transferable, revocable licence to access and use the MxP platform, including its systems, templates, automations, software, and pre-built workflows.

This licence:

- Grants usage rights only while your subscription remains active

- Does not transfer ownership

- Cannot be sublicensed, resold, copied, or redistributed

All ownership rights, intellectual property, systems, workflows, branding, and proprietary processes remain the exclusive property of Marketing x Profit Pty Ltd at all times.

3. Subscription & Fees

Your subscription includes:

- Access to the MxP platform

- Access to licensed systems, workflows, templates, and automations

- Platform updates and improvements during active subscription

You are responsible for:

- All usage-based costs including email, SMS, AI usage, phone usage, and any premium triggers

- Any third-party integrations or services connected to your account

Usage-based fees are variable and depend on your activity levels.

Failure to pay subscription or usage fees may result in suspension or termination of access.

4. Acceptable Use

You agree not to:

- Copy, duplicate, reverse engineer, extract, or replicate MxP systems or workflows

- Share login access outside your authorised business use

- Use the platform for unlawful, misleading, or harmful purposes

- Attempt to migrate, clone, or recreate MxP proprietary systems on another platform

MxP reserves the right to suspend accounts that breach these conditions.

5. Cancellations & Notice Period

If you choose to cancel your MxP subscription:

- A three-month notice period applies from the date cancellation is requested

- Your account will remain active and billable during this notice period

MxP is designed as an ongoing business operating system, not short-term trial software.

6. Data Access Upon Cancellation

Upon completion of the notice period:

- You will receive an export of your contact database and associated data

- Data export will be provided in a standard format (e.g., CSV)

MxP systems, workflows, automations, templates, triggers, and proprietary structures are licensed assets and are not transferred, replicated, rebuilt, or installed into another platform or provider under any circumstance.

Your licence to use MxP intellectual property ends immediately upon termination.

7. Intellectual Property

All content within MxP including but not limited to:

- Workflows

- Automation logic

- Templates

- Page structures

- Messaging frameworks

- Training materials

- Branding and design

are protected by Australian intellectual property laws.

Unauthorised reproduction or distribution may result in legal action.

8. Platform Availability

While we strive for consistent uptime, MxP operates on third-party infrastructure (including HighLevel and related providers).

We do not guarantee uninterrupted access and are not liable for outages caused by third-party providers.

9. Limitation of Liability

To the maximum extent permitted by law:

- MxP is provided “as is” without guarantees of specific business outcomes

- We are not liable for lost profits, indirect damages, or business interruption

- Our total liability is limited to the fees paid in the previous 3 months of subscription

You acknowledge that business results depend on your implementation and usage.

10. Indemnity

You agree to indemnify and hold harmless Marketing x Profit Pty Ltd from any claims, losses, damages, or legal expenses arising from:

- Your misuse of the platform

- Breach of these Terms

- Violation of applicable laws

11. Modifications to Terms

We reserve the right to update these Terms at any time. Continued use of MxP after changes constitutes acceptance of the revised Terms.

12. Governing Law

This Agreement is governed by the laws of Queensland, Australia.

Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts of Queensland, Australia.