Legal

The terms of using MantelMarketing — straight, no filler.

This is the agreement between you (the customer) and EstateFlow Digital, LLC (the company that operates MantelMarketing). It covers what we do, what you do, and what happens if either side gets it wrong. We have written it to be read — not just clicked through. If anything is unclear, write to legal@mantelmarketing.com before you sign up.

Effective

01

Acceptance and eligibility

By creating an account, clicking a button labelled “I agree,” or otherwise accessing the service, you agree to these Terms of Service and to our Privacy Policy. If you do not agree, do not use the service.

You must be at least 18 years old, legally capable of entering into a binding contract in your jurisdiction, and — if you are signing up on behalf of a business or other organisation — authorised to bind that organisation. If you are signing up for an organisation, “you” in these terms means both you and the organisation, jointly and severally.

02

What the service is

MantelMarketing is a productized done-for-you website service. For a recurring monthly subscription you receive:

  • A custom marketing website built by our internal team based on the information you provide during onboarding.
  • Hosting on our infrastructure (Cloudflare Pages, with our subdomains as the staging address and your custom domain as the production address).
  • Ongoing edits — copy revisions, image swaps, content updates — handled by our team within the response window for your tier.
  • Optional domain registration and DNS management through Cloudflare Registrar.
  • Customer support via the dashboard messaging tool and email.

We are a service business, not a software vendor — you are paying for the team’s time and craft, with the platform as the delivery vehicle. The exact deliverables, response times, and limits for your tier are described on the pricing page, which is incorporated into these terms by reference.

03

Subscription, billing, and refunds

The service is sold on a monthly subscription that auto-renews on the same calendar day each month until you cancel.

  • Charges are processed through Stripe at the price listed on the pricing page at the time you sign up. Prices may change with at least 30 days’ notice; existing subscribers keep their current price for at least one full billing cycle after the notice.
  • Cancellation is available at any time from your account page or by emailing us. Cancellation takes effect at the end of the current billing period — your site stays live and your subscription remains active until then.
  • No refunds for partial months on standard cancellations — you have access for the full period you have already paid for.
  • Pro-rated refunds are issued at our discretion when you cancel for cause (a service outage that breaches the disclaimers below, a documented inability to deliver the work, a billing error). Contact us within 30 days of the issue to request one.
  • Failed payments trigger an automatic retry sequence over 14 days. If we cannot collect after that window your service is suspended until you update your payment method. Suspended sites continue to resolve but stop receiving edits.
04

Your responsibilities

You are responsible for the information you give us and for the use of your account. Specifically, you agree:

  • To provide accurate, complete, and lawful information during onboarding and to keep it current as your business evolves.
  • That you own — or have the right to use — every piece of content you upload to the service: text, images, logos, video, audio, code snippets, data feeds, the lot.
  • To use the service lawfully and in compliance with the laws of every jurisdiction where your site is published.
  • To keep your sign-in credentials secure. Activity from your account is your responsibility unless you can show the access was unauthorised and was the result of our negligence.
  • To notify us promptly of any unauthorised access, suspicious activity, or security incident affecting your account.
05

Prohibited content and conduct

The service may not be used to publish, host, or transmit content that:

  • Is illegal under US federal law or the laws of your jurisdiction.
  • Promotes hatred, violence, or discrimination on the basis of race, ethnicity, religion, gender, sexual orientation, disability, or national origin.
  • Is deceptive — including impersonation of another person or business, phishing pages, fake reviews, or fraudulent commerce.
  • Contains malware, exploits, mining scripts, or any code intended to harm the visitor’s device or extract value without consent.
  • Is sent or solicited as spam, including bulk unsolicited email.
  • Infringes a third party’s intellectual property, publicity, or privacy rights.
  • Is sexually explicit material involving minors, or any other content prohibited by 18 U.S.C. § 2257 or its equivalents.

We reserve the right to refuse or remove content that violates these rules and to suspend or terminate accounts used in breach of them. We will give you notice and an opportunity to cure where the breach is reasonably curable.

06

Intellectual property

You own your content. We own the platform, the underlying code, the design system, and any documentation we create that is not specific to your project. We do not claim ownership of your business assets, your trademarks, your copy, or anything you bring in.

You grant EstateFlow Digital a limited, worldwide, royalty-free, non-exclusive licence to host, copy, transmit, display, modify, and adapt your content solely as needed to deliver the service — for example, to render your site in a browser, to resize an image for performance, to mirror your files across our CDN, or to incorporate your text into the rendered HTML.

We may use anonymised, aggregated data about your use of the service to improve the product. We will not use your branded materials in our marketing without separate written permission — case studies are opt-in and feature your content only after you sign off.

When you cancel, you retain ownership of every asset you uploaded. We will provide a portable export of the live site’s static files on request within 30 days of cancellation, at no charge.

08

Termination

You may cancel at any time from your account page or by emailing us. Your subscription stays active until the end of the current billing period.

We may suspend or terminate your account if you breach these terms — most often, for prohibited content, repeated chargebacks without cause, or non- payment. Where the breach is curable, we will give you written notice and a reasonable opportunity to cure (typically seven calendar days). For severe breaches — fraud, illegal content, denial-of-service against our infrastructure — we may terminate immediately without notice.

On termination, your access to the dashboard ends and your site is taken offline. Data retention follows the schedule in our Privacy Policy — soft-deleted for 30 days, then purged. Financial records are retained for seven years to satisfy our tax and bookkeeping obligations.

09

Disclaimers

The service is provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties — express, implied, or statutory — including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We aim for very high uptime — 99.9% measured month-to-month — and we monitor continuously, but we do not commit to a contractual service-level agreement on standard subscriptions. Enterprise customers on a separate signed SLA are governed by the terms of that agreement, which take precedence over this section.

We make no warranty that the service will meet every requirement you have, that it will operate without interruption, or that any specific business outcome (traffic, leads, sales, search ranking) will result from using it.

10

Limitation of liability

To the maximum extent permitted by law, neither party shall be liable to the other for indirect, incidental, special, consequential, exemplary, or punitive damages — including lost profits, lost goodwill, lost data, or business interruption — even if advised of the possibility.

Our total cumulative liability for any claim arising out of or relating to this agreement or the service is capped at the total fees you paid us in the 12 months immediately preceding the event giving rise to the claim. Multiple claims do not enlarge this cap.

Some jurisdictions do not allow these limitations; if you are in one of them, the limitations apply only to the extent permitted by law.

11

Indemnification

You agree to defend, indemnify, and hold harmless EstateFlow Digital, LLC, its officers, employees, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising out of: (a) your content, (b) your breach of these terms, or (c) your violation of any law or third-party right.

We agree to defend, indemnify, and hold harmless you from third-party claims alleging that the platform itself — exclusive of your content — infringes a US patent, copyright, or trademark. Our obligation is conditional on you giving us prompt notice, sole control of the defence, and reasonable cooperation.

12

Dispute resolution and arbitration

We hope to never need this section, but here it is. Most disputes can be resolved by writing to legal@mantelmarketing.com and giving us 30 days to respond. If we cannot resolve a dispute informally, you and we agree to binding arbitration as follows:

  • Forum. Disputes are resolved by individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
  • Location. Arbitration takes place in Multnomah County, Oregon, or by video conference at the consumer’s option.
  • Governing law. The agreement is governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules.
  • Opt-out. You may opt out of this arbitration agreement by sending a written notice to the legal address above within 30 days of first accepting these terms. The notice must include your name, account email, and the words “Arbitration Opt-Out.”

Either party may bring a claim in small-claims court, and either party may seek injunctive relief in court for the misuse of intellectual property or confidential information.

13

Class action waiver

To the extent permitted by law, you and we agree that any dispute will be brought only in an individual capacity, not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Arbitrators may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.

14

Changes to these terms

We may update these terms from time to time. When the change materially affects your rights, we will email you and post a banner in the dashboard at least 30 days before the change takes effect. Continued use of the service after the effective date counts as your acceptance. If you do not agree, you may cancel at any time and your existing terms apply through the end of the current billing period.

15

Miscellaneous

  • Entire agreement. These terms, together with the privacy policy and the pricing page in effect at the time of your subscription, constitute the entire agreement between you and us with respect to the service.
  • Severability. If any provision is held unenforceable, the remaining provisions remain in effect.
  • No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
  • Assignment. You may not assign these terms without our prior written consent. We may assign in connection with a merger, acquisition, or sale of assets.
  • Force majeure. Neither party is liable for delays or failures caused by events outside reasonable control — natural disasters, war, civil unrest, government action, large-scale internet outages, and the like.
16

Contact us

For legal questions or formal notices under these terms, write to:

EstateFlow Digital, LLC
Attn: Legal
1100 SW Sixth Avenue, Suite 1500
Portland, OR 97204
United States

legal@mantelmarketing.com

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