RoleCall

Customer Agreement

Version 2026-08-19 · Effective August 19, 2026

Please read this RoleCall Customer Agreement (this "Agreement") carefully. By clicking "I Accept," creating an account, or accessing or using RoleCall - including our web application, mobile applications, voice assistant, APIs, integrations, notifications, documentation, and support resources (together, the "Service") - you agree to be bound by it.

"RoleCall," "we," "us," and "our" mean MDML Technologies LLC, a Florida limited liability company, located at 208 N 5th St, Flagler Beach, FL 32136. "You" means both you personally and the business you represent (the "Company").

Some sections apply only to the person who creates and owns the account on behalf of the Company (the "Account Owner"). Those are labeled. If you are creating an account as the Account Owner, you confirm you have authority to bind the Company to this Agreement. Everyone else your Company invites is an "Authorized User," and every term that applies to Authorized Users also applies to the Account Owner.

If you do not agree to this Agreement, do not use the Service. We understand these terms will not suit every organization, and that is fine - but you must not continue if any term is unacceptable to you.

Important — artificial intelligence

RoleCall includes a voice assistant and other automated features that can read your data and, at your spoken or typed instruction, make changes on your behalf - including creating and editing shifts, publishing schedules, clocking people in and out, filing and deciding time-off requests, and sending notifications to your team.

These features act on the instructions and permissions you configure. They can mishear, misinterpret, or act on an ambiguous instruction. You are responsible for reviewing what they do. Any suggestion, ranking, forecast, or draft they produce is a suggestion only - not a decision, and not advice.

If you use these features in connection with scheduling, pay, discipline, termination, or any other decision affecting a worker, you - as the employer - are solely responsible for applying independent human judgment before acting, for giving any notices and obtaining any consents the law requires, and for the decision itself. RoleCall is not your employer, agent, or decision-maker. Section 16 governs these features and controls over any conflicting language elsewhere in this Agreement.

1. The Service

RoleCall is a workforce management platform for small businesses and their teams. Depending on your plan, it may include shift scheduling and publishing, schedule templates, open shifts and shift claims, covers and swaps, a time clock with location verification, timesheets and timesheet corrections, overtime flags, pay-period review and approval, payroll export and third-party payroll synchronization, time-off requests and availability, team messaging and push notifications, task checklists, issue and help alerts, roles and permissions, reporting, and an AI voice assistant.

We may add, change, suspend, or remove features at any time. We own the Service and everything in it, including its software, design, documentation, and trademarks. Nothing in this Agreement transfers ownership of the Service to you.

2. License

So long as you comply with this Agreement and pay any fees due, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during your subscription term, solely for your Company's internal business purposes. We license the Service to you; we do not sell it. You acquire no ownership rights in it.

3. Accounts, Locations, and Authorized Users

In plain English: You are responsible for who you let into your account and what they do there.

ACCOUNT OWNERS ONLY: Unless your plan says otherwise, you need a separate subscription for each physical business location where you use the Service. We may review your usage, and if one subscription is being used across multiple locations we may charge the additional fees or end the subscription.

You decide who to invite and what permissions to give them. Every person must accept this Agreement before using the Service. If you configure the Service to send notifications to someone who does not otherwise use it, you are responsible for making sure that person has agreed to these terms and any applicable workplace policies.

You are responsible for your own conduct in the Service and for everything done through your account or through any name, email address, phone number, or sign-in method associated with it. Keep your credentials secure and tell us promptly if you believe your account has been compromised. Do not clock in or out on behalf of another person.

4. Fees, Billing, and Renewal

In plain English: Account Owners pay. Subscriptions renew automatically until you cancel, and cancellation takes effect at the end of the period you already paid for.

ACCOUNT OWNERS ONLY: The Account Owner is responsible for all fees on behalf of the Company. We offer plans at different prices and billing intervals, which may be charged per location, per user, per employee, per feature, or per transaction ("Subscription Fees"). You authorize us and our payment processors to store your payment method and charge it for all fees, taxes, renewals, add-ons, and other amounts due.

We may change Subscription Fees. If you are on a recurring plan we will give you at least thirty (30) days' notice before a change takes effect, and the change will apply at your next renewal.

AUTOMATIC RENEWAL: YOUR SUBSCRIPTION RENEWS AUTOMATICALLY AT THE END OF EACH BILLING PERIOD AT THE THEN-CURRENT RATE UNTIL YOU CANCEL. YOU MAY CANCEL AT ANY TIME FROM YOUR ACCOUNT SETTINGS, BY EMAILING support@mdmltechnologies.com, OR BY MAIL TO MDML Technologies LLC, 208 N 5th St, Flagler Beach, FL 32136. CANCELLATION TAKES EFFECT AT THE END OF THE BILLING PERIOD THEN IN PROGRESS. EXCEPT WHERE THE LAW REQUIRES OTHERWISE, FEES ALREADY PAID ARE NOT REFUNDABLE OR PRORATED.

If a payment fails, we will notify you and give you an opportunity to fix it. If payment is not received within ten (10) days, we may suspend or limit your account until it is. A suspended account may lose access to features, integrations, exports, and support.

You are responsible for all sales, use, and similar taxes arising from your use of the Service, other than taxes on our income.

5. Acceptable Use

You must not, and must not allow anyone else to:

  • use the Service for any unlawful, fraudulent, deceptive, harassing, or discriminatory purpose, or in violation of any employment or labor law;
  • give access to anyone who is not an Authorized User, or share credentials;
  • copy, scrape, crawl, frame, mirror, resell, or create derivative works from the Service, or use it to build or train a competing product, model, or dataset;
  • circumvent access controls, permissions, rate limits, audit logs, or security measures;
  • reverse engineer, decompile, or probe the Service for vulnerabilities except as applicable law expressly permits;
  • introduce malware, or interfere with or place unreasonable load on the Service; or
  • falsify time, location, or attendance records, or help anyone else do so.

If we provide API access, you may use it only as documented, only for integrating your own business systems, and subject to the rate limits and security requirements we publish. We may change, throttle, deprecate, or revoke API access at any time. You are responsible for securing your API credentials and for any third-party application you connect to your account.

6. Term, Termination, and Getting Your Data Out

In plain English: Either of us can end this. When it ends you get fifteen days to export your records, so export anything you are legally required to keep.

This Agreement starts when you accept it and continues until your subscription ends. You may cancel at any time as described in Section 4.

We may suspend or terminate your access if you breach this Agreement, fail to pay, or use the Service in a way that creates legal, security, or operational risk. Where the problem can be fixed, we will normally give you ten (10) days to fix it, though we may suspend access in the meantime. We may also terminate for convenience on written notice, in which case we will refund any prepaid fees covering the period after termination.

Except as stated above or as required by law, fees are not refunded on termination.

EXPORT YOUR RECORDS: When either of us gives notice of termination, you will have fifteen (15) days from that notice to export your data using the export tools in the Service, provided your account is paid current. We are not required to build custom exports, recreate deleted data, or keep integrations running after termination. After that window we may delete your data. You - not us - are responsible for retaining the payroll, wage-and-hour, tax, scheduling, and employment records the law requires you to keep.

7. Your Setup and Configuration

You are responsible for configuring the Service correctly for your business - including pay rates, overtime settings, pay periods, break rules, geofence location and radius, roles, permissions, and who can see payroll and personal information. We provide general documentation and support, but we do not configure your account for you and we are not responsible for the consequences of a configuration you choose.

Settings that control who can see sensitive information, such as wages and contact details, are yours to manage. Review them whenever your team changes.

8. Time, Pay, and Payroll Data

In plain English: The numbers in RoleCall are working figures, not a payroll authority. Check them before you pay anyone.

The Service records clock-ins and clock-outs, calculates hours and breaks, flags potential overtime, and can export or synchronize that data to a third-party payroll or point-of-sale provider. Wage and hour figures shown in the Service, including any labeled "estimated," are working figures produced from the data and settings you supply.

You are solely responsible for verifying hours, breaks, overtime, tips, deductions, and pay before wages are paid, and for compliance with all wage-and-hour, break and rest period, overtime, recordkeeping, and pay-transparency laws that apply to you. We are not a payroll provider, an accountant, a tax adviser, or an employer of record, and nothing in the Service is payroll, tax, legal, or HR advice.

Where the Service sends data to a third-party payroll or point-of-sale system at your instruction, you are responsible for the accuracy, timeliness, and authorization of what is sent, and for reviewing the result in that system. Synchronization can fail, be delayed, or be partially applied.

9. Location Verification and the Time Clock

In plain English: If you turn on location-verified clock-ins, you must tell your team and follow your state's monitoring laws. Location readings are approximate and can be wrong.

If you enable location verification, the Service records an approximate device location at the moment a worker clocks in or out and compares it to the geofence you configure. It is not continuous tracking, and it does not follow anyone off shift.

EMPLOYER OBLIGATIONS: If you enable this feature you represent that you have given every affected worker clear, legally sufficient advance notice, obtained any consent or authorization the law requires, and complied with all applicable privacy, electronic-monitoring, and employment laws. Precise location may be treated as sensitive personal information in some jurisdictions. You are responsible for every employment, discipline, pay, or attendance decision you make using location or time-clock data.

LOCATION READINGS ARE APPROXIMATE. GPS AND NETWORK POSITIONING ARE AFFECTED BY BUILDINGS, WEATHER, DEVICE HARDWARE, OPERATING SYSTEM SETTINGS, AND A GEOFENCE THAT HAS BEEN CONFIGURED INACCURATELY, AND CAN BE WRONG BY A SUBSTANTIAL DISTANCE. DO NOT TREAT A LOCATION READING AS PROOF THAT A WORKER WAS OR WAS NOT PRESENT, AND DO NOT TAKE DISCIPLINARY OR PAY ACTION ON A LOCATION READING ALONE WITHOUT INDEPENDENT VERIFICATION.

Workers may deny or revoke location permission at the device or operating-system level, which will limit or disable these features. Managing those permissions, and any resulting workplace policy, is your responsibility.

10. Notifications and Electronic Communications

In plain English: We will contact you electronically, and notifications can fail. Do not rely on a push notification as your only safeguard.

By using the Service you consent to receive communications from us electronically - in the app, by push notification, by email, and, where you enable it, by text message. These include service and transactional messages such as schedule publications, shift reminders, time-clock and no-show alerts, time-off decisions, task and help alerts, team messages, billing notices, and security notices.

You may opt out of marketing messages at any time, and out of text messages by replying STOP where that option is offered. Service and account messages are not marketing and may continue. Message and data rates may apply, and those charges are yours.

Before using the Service to contact anyone, you must have obtained any consent the law requires and must honor opt-outs, quiet hours, and your own workplace policies.

NOTIFICATIONS ARE DELIVERED THROUGH DEVICES, OPERATING SYSTEMS, AND CARRIER AND PUSH NETWORKS WE DO NOT CONTROL. THEY MAY BE DELAYED, DUPLICATED, SUPPRESSED, OR NEVER DELIVERED - INCLUDING ALERTS ABOUT MISSED SHIFTS, NO-SHOWS, SCHEDULE CHANGES, AND URGENT HELP REQUESTS. WE ARE NOT LIABLE FOR ANY FAILED OR DELAYED NOTIFICATION, AND YOU MUST NOT RELY ON NOTIFICATIONS AS YOUR SOLE MEANS OF SUPERVISION, STAFFING, OR EMERGENCY RESPONSE.

11. Your Data

In plain English: Your data stays yours. We use it to run and improve the Service, and we do not sell it or use identifiable employee data to train AI models.

"Your Data" means everything you and your Authorized Users put into the Service - employees, schedules, time records, messages, tasks, documents, settings, and anything else. As between you and us, Your Data belongs to you.

You grant us a non-exclusive license to host, store, copy, transmit, display, and process Your Data as needed to provide, secure, support, troubleshoot, and improve the Service, to comply with law, and to enforce this Agreement. That license ends when we delete Your Data in accordance with our retention practices.

We may generate aggregated and de-identified statistics about how the Service is used, and we may use those to operate and improve the Service. We will not attempt to re-identify individuals from them.

WHAT WE DO NOT DO: We do not sell Your Data. We do not share it with third parties for their own marketing. We do not use identifiable employee, applicant, or Authorized User data to train artificial intelligence models. Where we use a third-party AI provider to power assistant features, we use business or enterprise terms under which your content is not used to train that provider's models.

You are responsible for the accuracy and legality of Your Data, for having the right to provide it, and - where you are the employer, business, or controller of worker data - for giving privacy notices, obtaining consents, honoring individual privacy rights requests, and instructing us only in ways the law permits. Direct privacy questions or requests to support@mdmltechnologies.com; where a request concerns a worker at your Company, we will generally route it to you unless the law requires us to act on it directly.

Our handling of personal information is described further in our Privacy Policy, which forms part of this Agreement.

12. Security and Availability

We use commercially reasonable technical and organizational measures to protect the Service and Your Data, and we host it with established infrastructure providers. No system is perfectly secure, and we cannot guarantee that a breach, loss, or unauthorized access will never occur.

We will make commercially reasonable efforts to keep the Service available but do not promise uninterrupted or error-free operation. The Service may be unavailable for maintenance, updates, third-party outages, or events outside our control. We recommend exporting and retaining your own copies of important records.

You are responsible for the security of your devices, credentials, permission settings, and any third-party services you connect.

13. Third-Party Services and Integrations

The Service relies on and can connect to third-party services - including cloud hosting and database providers, push notification services provided by mobile platform operators, sign-in providers, AI providers, and payroll or point-of-sale systems you choose to connect. Your use of a connected third-party service is governed by that provider's own terms and privacy policy, and connecting it authorizes the exchange of data between it and the Service.

We are not responsible for third-party services, their availability, their security practices, their pricing, or changes they make. A third party may change or discontinue its interfaces, which may break or limit an integration without notice.

14. Feedback

If you send us suggestions, feature requests, or other feedback, we may use it without restriction, obligation, or compensation to you, and any improvements we make based on it belong to us. Please do not send us anything you consider confidential.

15. Templates, Guidance, and Support Content

We may provide templates, checklists, help articles, sample policies, and general guidance about topics such as scheduling, breaks, overtime, onboarding, and recordkeeping. All of it is general information for convenience only. It is not legal, tax, accounting, payroll, benefits, or HR advice, may not be current or correct for your jurisdiction, and must be reviewed with your own advisers before you rely on it.

16. AI and Automated Features

In plain English: The assistant can change things in your account when you ask it to. You are responsible for checking its work and for every decision about a worker.

The Service includes AI-powered features, including a voice assistant ("AI Features"). AI Features can read data in your account and, at your instruction and within the permissions of the person using them, take actions - creating and editing shifts, publishing schedules, clocking in and out, filing and deciding requests, creating and completing tasks, and sending notifications to your team. This Section 16 governs AI Features and controls over any conflicting provision elsewhere in this Agreement.

OUR ROLE AND YOURS. We build and provide AI Features as tools. We are not your employer, agent, or representative, we exercise no independent discretion over your workforce, and we make no employment decision. Actions taken by an AI Feature at the instruction of you or an Authorized User are your actions, and you are responsible for them - including where an instruction was misheard, ambiguous, incomplete, or given by someone you authorized. Outputs such as recommendations, rankings, drafts, summaries, and forecasts are suggestions only.

HUMAN REVIEW REQUIRED. You must review AI Feature outputs and actions and apply independent human judgment before relying on them. You must not configure or use AI Features to automatically take adverse action against any worker or applicant - including screening out, discipline, schedule reduction, pay change, or termination - without meaningful human review before the action takes effect.

YOUR COMPLIANCE OBLIGATIONS. Laws governing AI in employment vary by jurisdiction and change quickly. Where they apply to you, you are responsible for: giving notice to workers and applicants that AI is in use; obtaining consents; conducting or obtaining any required bias audit, impact assessment, or validation; offering appeal, accommodation, or human-review processes; keeping records of AI-assisted decisions and the criteria behind them; and not using AI Features to discriminate or retaliate, including through criteria that operate as proxies for protected characteristics. We do not warrant that the Service satisfies any obligation that applies to you, and it is your responsibility to determine which laws apply to your business.

VOICE PROCESSING. When you use the voice assistant, audio from your device is transmitted to and processed by us and our AI provider to interpret and act on your request. Do not use the voice assistant to dictate information you are not permitted to disclose, and tell your team that voice features are available and how they work. Anyone who can use an authorized device may be able to act through the assistant with that user's permissions.

NOT A CONSUMER REPORT. AI Feature outputs are not consumer reports, and we are not a consumer reporting agency. If you combine outputs with third-party data or use them for background screening purposes, you are responsible for determining whether the Fair Credit Reporting Act or any state analog applies to you and for meeting its requirements.

AI FEATURES CAN PRODUCE INCORRECT, INCOMPLETE, OR UNSUITABLE RESULTS, AND CAN ACT ON A MISUNDERSTOOD INSTRUCTION. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, LAWFULNESS, OR FITNESS OF ANY AI OUTPUT OR ACTION FOR ANY PURPOSE, AND YOU USE THEM AT YOUR OWN RISK.

17. Confidentiality

Each of us may receive information from the other that is marked confidential or that a reasonable person would understand to be confidential. Each of us will protect the other's confidential information with at least reasonable care and will not disclose it to third parties except to those who need it and are bound by similar obligations, or where disclosure is required by law.

18. Disclaimer of Warranties

In plain English: We provide the Service as-is. We do not promise it will be error-free, always available, or right for your situation.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DO NOT WARRANT THAT THE SERVICE, ITS AI FEATURES, ITS NOTIFICATIONS, ITS LOCATION VERIFICATION, ITS CALCULATIONS, ITS INTEGRATIONS, OR ANY CONTENT OR SUPPORT WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, ACCURATE, COMPLETE, CURRENT, COMPLIANT WITH ANY LAW, OR SUITABLE FOR YOUR PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR TRADE USAGE. YOU ARE SOLELY RESPONSIBLE FOR YOUR RELIANCE ON ANY DATA, CALCULATION, ALERT, OUTPUT, OR RECOMMENDATION FROM THE SERVICE AND FOR YOUR OWN LEGAL COMPLIANCE.

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

19. Limitation of Liability

In plain English: If we cause you harm, what you can recover is capped at what you paid us in the prior twelve months, and claims must be brought within one year.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE IS LIMITED IN THE AGGREGATE TO THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100). MORE THAN ONE CLAIM DOES NOT INCREASE THIS LIMIT.

WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST OR INACCURATE DATA, BUSINESS INTERRUPTION, WAGE OR PAYROLL ERRORS, MISSED SHIFTS OR UNDERSTAFFING, REGULATORY PENALTIES, OR THE COST OF SUBSTITUTE SERVICES, EVEN IF WE WERE ADVISED SUCH DAMAGES WERE POSSIBLE.

ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER IT ARISES, EXCEPT WHERE APPLICABLE LAW PROHIBITS SHORTENING THE LIMITATIONS PERIOD.

These limits do not apply to liability that cannot be limited under applicable law. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

20. Indemnification

You will defend, indemnify, and hold harmless MDML Technologies LLC and its owners, officers, employees, and contractors from any third-party claim, and any resulting loss, liability, penalty, damage, settlement, or reasonable legal cost, arising out of or relating to:

  • your or your Authorized Users' use, configuration, or misuse of the Service;
  • Your Data, including any claim that it is inaccurate or infringes or violates the rights of another;
  • your breach of this Agreement;
  • any dispute between you and a worker, applicant, contractor, union, agency, or customer, and any employment decision you make;
  • your failure to comply with employment, wage-and-hour, privacy, monitoring, communications, or AI laws;
  • any payroll, tax, tip, time, or benefits data or instruction you submit or approve; or
  • any third-party service or integration you connect to your account.

We will notify you of the claim, and you will not settle it in a way that imposes any obligation or admission on us without our written consent. We may participate in the defense with our own counsel at our expense.

21. Your Legal Compliance

You must comply with all laws applicable to your business and your workforce, including employment, labor, wage-and-hour, overtime, break and rest period, scheduling and predictive-scheduling, payroll, tax, benefits, tip, leave, hiring, background-check, privacy and data-protection, electronic-monitoring, biometric, communications, AI, recordkeeping, accessibility, sanctions, and export laws (together, "Workforce Laws").

You represent that you and your Authorized Users are not located in, and will not use the Service on behalf of anyone in, a country or by any party subject to applicable sanctions or trade restrictions. We may suspend access if we believe continuing would violate law or expose us to risk.

22. No Agency; We Are Not the Employer

This Agreement does not create a partnership, joint venture, employment, or agency relationship. We are not your employer, co-employer, employer of record, employment agency, payroll provider, or decision-maker, and we do not exercise independent discretion over your workforce. The Service implements the criteria, settings, and instructions you configure and control. All employment decisions are yours alone.

23. Publicity

We may identify you as a customer by name and logo on our website and in marketing materials. If you would rather we did not, email support@mdmltechnologies.com and we will remove it within fifteen (15) business days.

24. Changes to This Agreement

We may update this Agreement. If a change is material, we will give you reasonable advance notice - by email, in the Service, or by asking you to accept the new version when you next sign in - and it will take effect at the start of your next billing period or thirty (30) days after notice, whichever comes first. Continuing to use the Service after a change takes effect means you accept it. If you do not accept a change, your remedy is to stop using the Service and cancel.

We keep a record of the version of this Agreement each user accepted and when.

25. Disputes, Arbitration, and Class Action Waiver

In plain English: Most disputes must go to individual arbitration instead of court, and you give up class actions - but you can opt out within thirty days by emailing us.

TALK TO US FIRST. Before starting any formal proceeding, email support@mdmltechnologies.com describing the problem and give us thirty (30) days to try to resolve it. Most issues can be settled this way.

AGREEMENT TO ARBITRATE. Except as stated below, you and we agree that any dispute arising out of or relating to this Agreement or the Service will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, rather than in court. The Federal Arbitration Act governs this section. Arbitration will be conducted by telephone or videoconference, or by document submission, unless the arbitrator determines an in-person hearing is needed, in which case it will be held in Flagler County, Florida. The arbitrator may award any relief a court could award on an individual basis.

CLASS ACTION WAIVER: YOU AND WE EACH AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY CLASS PROCEEDING. IF THIS WAIVER IS FOUND UNENFORCEABLE AS TO A PARTICULAR CLAIM, THAT CLAIM MUST PROCEED IN COURT AND NOT IN ARBITRATION.

HOW TO OPT OUT. You may opt out of arbitration and the class action waiver by emailing support@mdmltechnologies.com within thirty (30) days after you first accept this Agreement, stating your name, the email on your account, and that you are opting out. Opting out will not affect any other part of this Agreement, and we will not hold it against you.

WHAT IS NOT ARBITRATED. This section does not apply to: claims that qualify for small claims court and stay there; claims for injunctive relief regarding intellectual property, confidentiality, or unauthorized access; or any claim that applicable law does not permit to be arbitrated or to be subject to a pre-dispute waiver of a judicial forum.

JURY TRIAL WAIVER: TO THE EXTENT A DISPUTE PROCEEDS IN COURT, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

This section survives termination of this Agreement.

26. Governing Law and Venue

This Agreement is governed by the laws of the State of Florida, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs Section 25. Any proceeding not subject to arbitration must be brought in the state or federal courts located in Flagler County, Florida, and both of us consent to the jurisdiction and venue of those courts.

27. General Terms

NOTICES. We may send you notices by email to the address on your account or by posting them in the Service. Send legal notices to us at support@mdmltechnologies.com and at 208 N 5th St, Flagler Beach, FL 32136.

ASSIGNMENT. You may not assign this Agreement without our written consent. We may assign it, including in connection with a merger, acquisition, or sale of assets.

SEVERABILITY AND WAIVER. If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the rest of the Agreement remains in effect. Our failure to enforce a provision is not a waiver of it.

FORCE MAJEURE. Neither of us is liable for a failure to perform caused by events beyond reasonable control, including outages of internet, cloud, carrier, or third-party services, natural disasters, or governmental action.

SURVIVAL. Sections concerning fees owed, data export, your data, confidentiality, disclaimers, liability limits, indemnification, disputes, and governing law survive termination.

ENTIRE AGREEMENT. This Agreement, together with our Privacy Policy and any plan-specific or feature-specific terms we present to you, is the entire agreement between us about the Service and supersedes any prior discussions. Where feature-specific terms conflict with this Agreement, the feature-specific terms control for that feature.

HEADINGS. Headings and plain-language summaries are for convenience and do not affect interpretation. Where a summary and the legal text differ, the legal text controls.

Questions about this Agreement? Contact support@mdmltechnologies.com.

See also our Privacy Policy and Refund policy.