MYRAKELL Terms of Service

These Terms of Service ("Terms") govern your access to and use of the MYRAKELL website, software platform, applications, dashboards, workspaces, reports, artificial intelligence features, communications tools, and related services (collectively, the "Service").

The Service is operated by MYRAKELL LLC ("MYRAKELL," "we," "us," or "our").

By creating an account, accepting an invitation, clicking a button or checkbox indicating acceptance, or otherwise accessing or using the Service, you agree to be bound by these Terms and acknowledge our Privacy Policy. If you do not agree to these Terms, do not access or use the Service.

If you access or use MYRAKELL on behalf of a company, agency, organization, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms. In that situation, "you" and "your" include that entity where applicable.

1. Eligibility and Authority

You must be at least 18 years old and legally capable of entering into a binding agreement to use the Service.

MYRAKELL is intended primarily for businesses, agencies, marketers, consultants, sales professionals, authorized business representatives, and other professional or commercial users.

If you access MYRAKELL on behalf of an organization, you represent and warrant that you are authorized to do so. You are responsible for ensuring that your use of MYRAKELL complies with laws and regulations applicable to you and your business.

2. About MYRAKELL

MYRAKELL is a software platform designed to provide business intelligence, prospect discovery, business research, website and online-presence analysis, artificial intelligence-assisted analysis, opportunity scoring, recommendations, competitive insights, prospect and pipeline management, customer relationship management tools, reports, presentations, proposal generation, outreach and communication assistance, Business Workspaces, growth-history and performance-monitoring features, action and recommendation tools, and related business intelligence, productivity, sales, marketing, and collaboration functionality.

Features may be added, modified, limited, suspended, or discontinued as the Service develops.

3. MYRAKELL Is a Software Platform

MYRAKELL operates as a software platform. MYRAKELL does not provide custom software development services and does not develop software applications for users or their clients.

Unless MYRAKELL expressly enters into a separate written agreement stating otherwise, MYRAKELL also does not perform digital marketing, advertising, sales, consulting, or other professional services on behalf of users.

Agencies, marketers, consultants, and other users may use MYRAKELL in connection with services they independently provide to their own customers. Those services are provided by the applicable agency or user, not by MYRAKELL.

MYRAKELL is not responsible for the quality, legality, performance, representations, commitments, contracts, or results of services independently provided by an agency, marketer, consultant, salesperson, Business Owner, or other user.

4. Free Beta Program

MYRAKELL may initially be offered through a free beta, early-access, demonstration, pilot, promotional, or evaluation program ("Beta Service").

During the Beta Service, access may be provided without charge; no credit card may be required; access may be limited to approved users; features may be incomplete or experimental; functionality may change; usage limits may be imposed; errors, interruptions, or unavailable features may occur; and MYRAKELL may modify or discontinue Beta Service features.

Free access does not create a right to permanent free access. MYRAKELL may introduce paid subscriptions, premium functionality, usage-based plans, white-label plans, or other paid services in the future.

4.1 No Automatic Conversion to Paid Service

Participation in the free Beta Service will not automatically convert into a paid subscription merely because the Beta Service ends.

If MYRAKELL introduces paid plans, applicable pricing, billing frequency, renewal terms, cancellation terms, and other material subscription conditions will be presented before you affirmatively purchase or enroll in a paid plan.

5. Accounts

You agree to provide accurate and reasonably current account information. You are responsible for maintaining the confidentiality of your credentials, activities conducted through your account, protecting passwords and authentication information, promptly notifying MYRAKELL of suspected unauthorized access, and ensuring that persons using accounts associated with your organization are authorized to do so.

You may not sell, transfer, sublicense, or improperly share an individual account. MYRAKELL may require email verification, identity or business verification, invitation validation, or administrator approval before granting or continuing access.

6. Agencies and Agency Teams

Agency accounts may permit multiple team members and roles. The Agency is responsible for determining who may access its account, assigning appropriate roles and permissions, removing access when personnel leave or no longer require access, activities performed by authorized users, maintaining appropriate authorization from its customers, and complying with applicable laws when using information obtained through MYRAKELL.

MYRAKELL is not responsible for disputes among an Agency, its owners, employees, contractors, team members, customers, or former personnel regarding authorization or account management.

7. Business Owners and Business Workspaces

MYRAKELL may allow an Agency to create or manage a Business record and associated Business Workspace. An authorized Business Owner may be invited to claim or access that Workspace.

Business Owner access does not, by itself, transfer ownership of MYRAKELL's underlying platform records, system architecture, or Agency-managed relationship.

When authorized access changes, a Business Owner's account access may be removed; another authorized Business Owner may subsequently be invited; the Workspace may become temporarily unclaimed; and reports, analyses, activity history, recommendations, and other legitimate business records may remain associated with the Business or Workspace.

Personal information associated solely with a former individual user will be handled according to our Privacy Policy and applicable law.

8. Business and Prospect Information

MYRAKELL may obtain business information from third-party services and publicly accessible sources, including business name, industry, address or geographic information, telephone number, website, ratings, review counts, website metadata, technology indicators, online-presence information, and related business information.

Third-party and publicly available information may be inaccurate, incomplete, outdated, duplicated, or attributed incorrectly. You should independently verify important information before relying on it. MYRAKELL does not guarantee the accuracy, completeness, availability, ownership, or current status of third-party information.

9. Website Analysis and Automated Retrieval

Certain MYRAKELL features may automatically retrieve publicly accessible business websites to evaluate website availability, page metadata, technical indicators, structured data, online-presence signals, website technology, and other publicly accessible characteristics.

You may not use MYRAKELL to intentionally access private, restricted, authenticated, confidential, or unlawfully obtained information. You are responsible for ensuring that your use of information obtained through the Service complies with applicable law and contractual restrictions.

10. Artificial Intelligence Features

MYRAKELL uses artificial intelligence and automated systems to provide certain features. AI-generated or AI-assisted material ("AI Output") may include analyses, scores, recommendations, proposals, summaries, opportunity assessments, competitive observations, outreach content, email drafts, estimated revenue opportunities, and suggested actions.

Artificial intelligence systems can produce inaccurate, incomplete, outdated, misleading, inconsistent, or inappropriate information. AI Output should be treated as assistance and informational output, not independently verified fact.

You are responsible for reviewing AI Output before relying upon, publishing, transmitting, presenting, or acting upon it. MYRAKELL does not guarantee the accuracy, completeness, originality, suitability, or reliability of AI Output.

11. No Guarantee of Business Results

MYRAKELL does not guarantee leads, customers, sales, revenue, profit, conversion rates, advertising performance, search rankings, AI-search visibility, reputation improvements, business growth, proposal acceptance, prospect responses, customer acquisition, competitive advantage, or any other particular business result.

Scores, forecasts, opportunity amounts, revenue estimates, and recommendations are estimates or analytical outputs, not promises. Actual results depend on circumstances outside MYRAKELL's control.

12. Professional Advice Disclaimer

Information provided through MYRAKELL is for informational and business-assistance purposes. It is not legal, tax, accounting, financial, investment, employment, regulatory, medical, or other licensed professional advice. You should obtain qualified professional advice when appropriate.

13. User Content

You may submit, upload, enter, create, or transmit information through the Service, including notes, CRM information, messages, templates, files, business information, instructions, and other content ("User Content").

As between you and MYRAKELL, you retain your rights in User Content, subject to these Terms.

You grant MYRAKELL a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, display, format, and otherwise use User Content only as reasonably necessary to provide the Service, fulfill your requests, maintain and support the Service, secure the Service, troubleshoot technical problems, prevent fraud and abuse, and improve the operation and functionality of the Service.

You represent and warrant that you have the rights and permissions necessary to provide User Content to MYRAKELL and permit its processing as described in these Terms and our Privacy Policy.

14. AI Processing of Information

Certain information may be processed by third-party AI providers when necessary to provide AI functionality. Depending on the requested feature, this may include business identity and analytical information such as business name, industry, city, scores, ratings and review benchmarks, identified issues, competitive information, recommendations, agency name, and revenue-opportunity estimates.

Our Privacy Policy provides additional information regarding processing and third-party service providers.

15. Communications and Outreach

MYRAKELL may assist users in generating emails, proposals, outreach messages, and other communications. You, not MYRAKELL, are responsible for determining whether a communication should be sent and whether you have the legal right to contact its recipient.

You are responsible for complying with laws applicable to your communications, including advertising, marketing, privacy, telemarketing, and anti-spam requirements.

You may not use MYRAKELL to send unlawful, deceptive, fraudulent, abusive, harassing, or unauthorized communications. AI-generated outreach should be reviewed before sending.

16. Uploaded Files

You must not upload malware, malicious code, unlawfully obtained information, material you do not have permission to use, content that infringes intellectual-property rights, content intended to compromise MYRAKELL or another system, or unlawful content.

MYRAKELL may remove or restrict access to content reasonably believed to violate these Terms or create security, legal, or operational risk.

17. Acceptable Use

You agree not to use MYRAKELL to violate applicable law; commit fraud or deception; impersonate another person or organization; gain unauthorized access to accounts, networks, or systems; circumvent security or access controls; introduce malware or malicious code; interfere with Service operation; probe, scan, or test vulnerabilities without written authorization; harvest credentials; send unlawful spam or communications; unlawfully collect personal information; infringe intellectual-property rights; use another person's credentials without authorization; intentionally misrepresent AI Output as independently verified information where doing so would be deceptive; use the Service to facilitate unlawful activity; or assist another person in doing any of the foregoing.

18. Restrictions on the MYRAKELL Platform

Except where applicable law expressly permits otherwise, you may not copy or reproduce substantial portions of the Service; modify or create unauthorized derivative works of MYRAKELL software; reverse engineer, decompile, or attempt to derive source code; bypass technical restrictions; systematically scrape MYRAKELL's non-public interfaces; use automated means to overload or abuse the Service; resell or sublicense the Service except through an authorized MYRAKELL program; remove proprietary notices; misrepresent your relationship with MYRAKELL; or use MYRAKELL trademarks, logos, or branding without authorization.

Nothing in these Terms restricts rights that cannot lawfully be restricted.

19. MYRAKELL Intellectual Property

MYRAKELL LLC and its licensors retain all right, title, and interest in and to the Service and its underlying technology, including software, source code, system architecture, interfaces, designs, databases and database structures, workflows, algorithms, scoring methodologies, templates, platform-generated presentation formats, branding, trademarks, logos, documentation, and other proprietary technology.

Except for the limited right to use the Service under these Terms, no intellectual-property rights are transferred to you.

20. Feedback

If you voluntarily provide suggestions, ideas, feature requests, recommendations, or other feedback regarding MYRAKELL, you grant MYRAKELL the right to use that feedback without restriction or compensation to you. We will not publicly identify you as the source of feedback without permission unless otherwise permitted by law.

21. Third-Party Services

MYRAKELL relies upon third-party services and infrastructure, which may include business-information APIs, artificial intelligence providers, email providers, hosting and database infrastructure, background-processing services, content-delivery services, and public website retrieval.

Third-party services may have their own terms, policies, restrictions, and privacy practices. MYRAKELL does not control third-party services and cannot guarantee their uninterrupted availability, accuracy, security, or continued compatibility.

22. Agency White-Label Features

MYRAKELL may permit Agencies to customize certain branding, domains, communications, policy links, or other presentation elements. Agency branding does not imply that MYRAKELL owns, endorses, controls, or assumes responsibility for that Agency's business.

Agencies remain responsible for their own trademarks and branding, customer representations, privacy disclosures, terms applicable to their services, customer relationships, marketing activities, communications, and legal and regulatory compliance.

23. Privacy

Our collection, use, retention, processing, and disclosure of personal information are described in the MYRAKELL Privacy Policy. Use of the Service is also subject to that Privacy Policy.

24. Service Availability

MYRAKELL aims to provide a reliable Service but does not guarantee uninterrupted or error-free availability. The Service may become unavailable because of maintenance, upgrades, software defects, infrastructure failures, third-party outages, security incidents, internet or telecommunications failures, governmental actions, events beyond our reasonable control, or changes made during Beta development.

MYRAKELL may modify, suspend, restrict, or discontinue features when reasonably necessary.

25. Changes to the Service

MYRAKELL is an evolving platform. We may add, modify, restrict, replace, or discontinue features and may change technical requirements or usage limits. Where a change materially affects your contractual rights, MYRAKELL will provide notice where required by applicable law.

26. Suspension and Termination

MYRAKELL may suspend, restrict, or terminate access where reasonably necessary, including where you materially violate these Terms; your use creates a security risk; your account is involved in fraud or abuse; suspension is required by law; continued access could harm MYRAKELL, another user, or a third party; or the Service or relevant program is discontinued.

Where appropriate, MYRAKELL may provide notice and an opportunity to cure a violation. You may stop using the Service at any time.

Termination does not necessarily require deletion of all Business Workspace or historical business information. Retention and deletion are governed by our Privacy Policy, contractual obligations, legitimate business purposes, and applicable law.

27. Data Following Account Termination

Account termination and deletion do not necessarily result in immediate deletion of every record associated with an account.

MYRAKELL may retain information where reasonably necessary to preserve legitimate Business Workspace history; maintain reports and analyses associated with a business; protect security and prevent fraud; maintain audit records; resolve disputes; enforce agreements; comply with legal obligations; preserve records belonging to an Agency or other authorized organization; or otherwise fulfill legitimate business purposes permitted by law.

Personal information will be handled according to our Privacy Policy and applicable law.

28. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."

MYRAKELL LLC DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

MYRAKELL DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; DATA WILL ALWAYS BE AVAILABLE; AI OUTPUT WILL BE ACCURATE; BUSINESS INFORMATION WILL BE CURRENT; THIRD-PARTY INFORMATION WILL BE CORRECT; DEFECTS WILL ALWAYS BE CORRECTED; THE SERVICE WILL MEET EVERY USER'S REQUIREMENTS; OR USE OF THE SERVICE WILL PRODUCE ANY PARTICULAR BUSINESS RESULT.

Some jurisdictions do not permit certain warranty exclusions, so some exclusions may not apply to you.

29. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYRAKELL LLC AND ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, GOODWILL, DATA, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED THAT SUCH DAMAGES MAY OCCUR.

For Service provided entirely without charge, MYRAKELL's aggregate liability arising out of or relating to the Service or these Terms will not exceed US $100, except where applicable law does not permit that limitation.

For a paid Service introduced in the future, unless separate applicable terms provide otherwise, MYRAKELL's aggregate liability will not exceed the greater of (a) amounts actually paid by you to MYRAKELL for the applicable Service during the six months immediately preceding the event giving rise to the claim; or (b) US $100.

These limitations do not apply to liability that cannot legally be limited or excluded.

30. Indemnification

To the extent permitted by applicable law, if you use MYRAKELL on behalf of a business or for commercial purposes, you agree to defend, indemnify, and hold harmless MYRAKELL LLC and its owners, members, managers, officers, directors, employees, contractors, and affiliates from third-party claims, liabilities, damages, judgments, losses, and reasonable legal expenses arising from or relating to your unlawful use of the Service; your material violation of these Terms; User Content you provide; intellectual-property infringement caused by material you provide; communications you send using or based upon the Service; services you independently provide to customers; representations or promises you make to customers; your violation of another person's rights; or your violation of applicable law.

This obligation does not apply to the extent a claim results from MYRAKELL's own conduct for which indemnification cannot lawfully be required.

31. Informal Dispute Resolution

Before initiating arbitration, either party must first provide the other with written notice describing the nature and factual basis of the dispute, the requested relief, and sufficient contact information to permit a response.

Notice to MYRAKELL must be sent to MYRAKELL LLC, 1633 Antigua Lane, Manteca, CA 95337, and by email to ben@myrakell.com.

The parties agree to attempt in good faith to resolve the dispute informally for 30 days after receipt of a complete dispute notice. Either party may seek relief in small claims court without completing this informal process where applicable law permits.

32. Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Except for disputes expressly excluded below, any dispute, claim, or controversy arising out of or relating to these Terms, the Service, your account, or the relationship between you and MYRAKELL that cannot be resolved informally will be resolved through binding individual arbitration rather than in court.

The arbitration will be administered by the American Arbitration Association ("AAA"). For disputes properly classified as consumer disputes, the applicable AAA Consumer Arbitration Rules and Mediation Procedures will apply. For business-to-business and other commercial disputes, the applicable AAA Commercial Arbitration Rules and Mediation Procedures will apply.

The arbitration will be conducted before one neutral arbitrator unless applicable AAA rules require otherwise. The arbitrator may award any individual remedy available under applicable law that a court could award to the individual claimant. Judgment upon the arbitration award may be entered in any court having jurisdiction.

Arbitration may be conducted by video conference, telephone, documents-only procedure, or in person, as permitted by applicable AAA rules and determined by agreement of the parties or the arbitrator. Fees and costs will be allocated according to applicable AAA rules and applicable law. MYRAKELL will pay fees that applicable law or AAA rules require the business to pay.

33. Exceptions to Arbitration

Either party may bring an individual action in a court qualifying as a small claims court, provided the claim remains within that court's jurisdiction.

Either party may also seek temporary or preliminary judicial relief where reasonably necessary to prevent immediate unauthorized access, security abuse, or infringement or misappropriation of intellectual property while arbitration is pending, where permitted by applicable law.

Nothing in these Terms prevents either party from reporting a matter to or cooperating with a governmental or regulatory authority.

34. Class Action and Jury Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND MYRAKELL AGREE THAT DISPUTES SUBJECT TO ARBITRATION WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.

YOU AND MYRAKELL ALSO WAIVE THE RIGHT TO A JURY TRIAL FOR CLAIMS SUBJECT TO ARBITRATION.

If a particular portion of this class-action waiver is finally determined to be unenforceable as to a particular claim or remedy, that claim or remedy will proceed in a court of competent jurisdiction to the extent required by law, while enforceable portions of the arbitration agreement remain effective.

35. Coordinated or Mass Arbitration

If multiple substantially similar arbitration demands are filed in a coordinated manner, applicable AAA mass-arbitration procedures may apply where AAA determines that their requirements are satisfied. Nothing in this section authorizes class arbitration where the class-action waiver in these Terms is enforceable.

36. Governing Law and Court Venue

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles, except to the extent federal law governs the arbitration agreement or applicable law requires otherwise.

The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions to the extent applicable.

For disputes that are not subject to arbitration, you and MYRAKELL consent to the jurisdiction of the appropriate state or federal courts serving San Joaquin County, California, except where applicable law provides otherwise.

37. Changes to These Terms

MYRAKELL may update these Terms as the Service evolves or legal requirements change. The "Last Updated" date at the beginning of these Terms identifies the current version.

For material changes, MYRAKELL may provide additional notice through the Service, email, or another reasonable method. Where required by law or appropriate for material contractual changes, MYRAKELL may require you to affirmatively accept the updated Terms before continuing to use the Service.

Changes will not retroactively alter rights regarding a dispute that arose before the applicable change where prohibited by law.

38. Electronic Communications

You consent to receive agreements, notices, security communications, account communications, and other Service-related communications electronically, including through email or through the Service, subject to applicable law.

You are responsible for maintaining a current email address associated with your account. Marketing communications, if any, may be subject to separate consent and opt-out rights.

39. Assignment

You may not assign these Terms or transfer your account without MYRAKELL's written consent, except where applicable law provides otherwise.

MYRAKELL may assign these Terms in connection with a merger, acquisition, corporate restructuring, financing, sale of assets, or transfer of the Service, subject to applicable law.

40. Severability

If any provision of these Terms is determined to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted or severed as appropriate, and the remaining provisions will remain in effect, except where the arbitration provisions expressly state otherwise.

41. No Waiver

Failure by MYRAKELL to enforce a provision of these Terms does not waive MYRAKELL's right to enforce that provision or another provision later.

42. Entire Agreement

These Terms, the MYRAKELL Privacy Policy, and any additional terms expressly applicable to a particular MYRAKELL feature or paid subscription constitute the agreement between you and MYRAKELL regarding the Service.

An Agency or other customer may separately enter into a written agreement with MYRAKELL. If an expressly executed written agreement conflicts with these Terms, that written agreement controls to the extent of the conflict.

43. Contact Information

MYRAKELL
Operated by: MYRAKELL LLC
Website: MYRAKELL.com
Email: ben@myrakell.com
Legal Notices: ben@myrakell.com
Mailing Address: MYRAKELL LLC, 1633 Antigua Lane, Manteca, CA 95337, United States