IMPORTANT!
Subscriptions Automatically Renew

Thank you for signing up for a subscription with Mediagistic, Inc. (“Mediagistic”, “we” or “us”). By placing an order, clicking to accept this Agreement, or using or accessing any Mediagistic Service or related services, you agree to all the terms and conditions of this Subscription Terms Agreement (“Agreement”). If you are using a Mediagistic Service or related services on behalf of a company or other entity, then “Customer” or “you” means that entity, and you are binding that entity to this Agreement. You represent and warrant that you have the legal power and authority to enter into this Agreement and that, if the Customer is an entity, this Agreement and each Order Form is entered into by an employee or agent with all necessary authority to bind that entity to this Agreement. Please note that we may modify this Agreement as further described in the amendments section below, so you should make sure to check this page from time to time. This Agreement includes any Order Forms and Service-Specific Terms (as defined below) as well as any policies or exhibits linked to or referenced herein.

Your use of Subscription Services and Subscription Products is governed by these Subscription Terms, which are described in further detail below. The following points are particularly important:

• Subscriptions automatically renew until cancelled.
• You may cancel your Subscription Product at any time by providing 30 days written notice to GLSA@mediagistic.com as outlined in the Subscription Product purchase, redemption, or renewal confirmation email, all subject to the terms below.
• Cancellation will cease auto-renewal of Subscriptions, but Subscription Fees are non-refundable except where required by law.
• The Access Period and cost of the Subscription Product you purchase are disclosed prior to purchase and confirmed via email following purchase.
• We transfer your billing information to our payment processor(s) as disclosed in our Privacy Policy.

Mediagistic provides various subscription services (the “Subscription Services”) to you subject to the terms and conditions contained in these Mediagistic Subscription Terms (“Subscription Terms”). Our Subscription Services include Subscriptions (“Subscription Product(s)”).

Read these Subscription Terms carefully before using the Subscription Services. These Subscription Terms (which include the other documents referenced below) constitute a legal agreement between you (“you” or “your”) and the Mediagistic entity issuing such services, as set forth in paragraph 12 below for your applicable Authorized Jurisdiction (as defined in the Mediagistic Terms of Use). The Mediagistic Terms of Use and the Mediagistic Privacy Policy (collectively, the “Mediagistic Agreement”), which you agreed to when you registered for the Mediagistic Service (as defined in the Mediagistic Terms of Use), also apply to your use of the Subscription Services and are incorporated by this reference as part of these Subscription Terms. If you purchase, register for, or redeem a Subscription Product through an External Service, you may also be subject to additional terms and conditions supplied by that service.

By purchasing and/or using a Subscription Product, and accessing or otherwise using any portion of the Subscription Services, you agree to be bound by these Subscription Terms, which contain liability limitations, an arbitration agreement, and a class action waiver, all as detailed in the Mediagistic Terms of Use. These provisions control how disputes are resolved.

If you are not willing to be bound by these Subscription Terms, you should not purchase or use a Subscription Product, and you may not access or otherwise use any portion of the Subscription Services.

1. Eligibility Requirements

   To be eligible to access and use the Subscription Services, you must meet the following criteria (“Eligibility Requirements”):

   • You must reside within one of the Authorized Jurisdictions, be at least 18 years of age or the age of legal majority in your Authorized Jurisdiction, and capable of entering into a binding agreement;
   • You must have an account in good standing with Mediagistic, which includes the payment of all Fees and Applicable Taxes, if any; and
   • You must meet any additional qualifications or adhere to any limitations disclosed with the offer of an applicable Subscription Product, which we may update from time to time.
2. License for Your Use of the Subscription Services

   Subject to your compliance with these Subscription Terms including the Eligibility Requirements, Mediagistic hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access the Subscription Services in the Authorized Jurisdiction(s), and otherwise view and use the Subscription Services to the extent permitted by its intended functionality for your personal, non-commercial use, and not for the sublicense to or use by third parties.

3. Subscription Products

   Access to the Subscription Services is available through a Subscription Product, which includes Subscriptions.

   Certain Subscription Products, may be subject to additional terms, exclusions, or limitations, which will be disclosed to you at the time you receive the offer for the Subscription Product.

   3. a Subscriptions

      You may purchase subscription access (a “Subscription”) to the Subscription Services for a fee (the “Fee”) for the period of time (the “Access Period”) outlined in the Subscription product (e.g., yearly, monthly, etc). The Fee is exclusive of any applicable federal, state, telecommunications, excise, or municipal taxes or duties, including VAT and GST (collectively, “Applicable Taxes”) unless otherwise specified.

4. Access and Renewal

   Your ability to access and use the Subscription Service commences on the date we make the Subscription Services available to you following your purchase or redemption of a Subscription Product and remittance of the Fee and Applicable Taxes, if any, and continues until the end of the applicable Access Period. Mediagistic will automatically renew or commence your Subscription for a new Access Period by charging the associated Fee plus any Applicable Taxes to the payment method you provided unless you cancel your Subscription as provided below.

   Unless you affirmatively opt-out of automatic renewal either prior to the expiration of a Subscription Product or before the end of the then-current Access Period (as applicable), you hereby authorize Mediagistic to renew or commence your Subscription automatically at the end of each Access Period or at the expiration of your Subscription Product for a new Access Period.

   If you cancel, your Subscription Product will expire and your access to the Subscription Services will cease at the end of its specified Access Period. In order to continue to access the Subscription Services after your Access Period has expired, you will need to purchase or redeem a new Subscription Product. You are required to maintain accurate and up-to-date payment information. Mediagistic assumes no responsibility or liability if your Subscription Product fails to renew or otherwise expires because of outdated or incorrect payment information.

5. Upgrades and Downgrades

   If during the Access Period of your currently active Subscription Product (“Current Product”) you elect to upgrade to a different or higher level Subscription Product (“Upgrade Product”) unless prohibited by the terms of the promotional offer, we will provide you with access to the Upgrade Product immediately upon the successful validation of your payment information and payment of the associated Fee plus any Applicable Taxes. That Fee will be the difference between what you have paid for the unused portion of the Current Product and the charge for the Upgrade Product through expiration of the Access Period.

   If during the Access Period of your Current Product you elect to downgrade to a different Subscription Product (“Downgrade Product”), you will retain access to the Current Product for the remainder of the Access Period. Once the Access Period for the Current Product expires, we will provide you with access to the Downgrade Product upon the successful validation of your payment information and payment of the associated Fee plus any Applicable Taxes. When that happens, you will only have access to the Downgrade Product and will no longer have to the former Current Product.

   If your Upgrade Product or Downgrade Product is a Subscription, then it will renew automatically as described in these Subscription Terms unless you cancel.

6. Subscription Cancellation; Refunds

   You may cancel the renewal of Subscription Product at any time by providing 30-days written notice to SocialAds@mediagistic.com as outlined in the Subscription Product purchase, redemption, or renewal confirmation email. If you cancel your Subscription Product during your current Access Period, your access to the Subscription Services will continue until the end of your then-current Access Period, at which point it will expire. Purchase and/or redemption of your Subscription Product is final and non-refundable; Mediagistic will not issue you any refund, including partial, pro-rated, or otherwise unless required to do so by law.

   Subscription Products do not have a cash value and are not redeemable for cash, permitted to be used for the payment of or offset any outstanding payments owed to Mediagistic for the Subscription Services, or combined with other promotional offers, incentives, or additional Subscription Products.

7. Availability and Modifications

   Mediagistic reserves the right to modify, offer additional, or cease offering Subscription Products and Subscription Services at any time in its sole discretion, including but not limited to changes in Fees, modifying the availability of and Eligibility Requirements for certain Subscription Products and Subscription Services, or modifying the features and functionality of certain Subscription Services. If we cease offering your current Subscription Product, your access to the Subscription Services will continue until the end of your then-current Access Period. In such event, we may elect to migrate you to a similar Subscription Product and charge your payment method the associated Fee at the end of your then-current Access Period. We will provide you with thirty (30) days prior notice via email before changes in Subscription Products or Fees take effect. Any changes to the Subscription Products or Fees will be effective upon your next billing cycle, and will not apply retroactively or to the remainder of your current Access Period. In the event we do migrate you to a different Subscription Product, or modify your current Access Period or Fee, you may opt-out of these changes by disabling auto renewal of your Subscription Product, or cancelling your Subscription Product by following these instructions in our Help Center or contacting customer support.

8. Changes to Subscription Terms

   We may modify these Subscription Terms from time to time. If we make material changes to these Subscription Terms as it applies to your currently active Subscription Product, then we will supply you with appropriate notice (e.g., email, statement on the Mediagistic Service, etc.) of those changes. Revised Subscription Terms will become effective upon the next renewal of your Subscription Product and your continued use of the Subscription Services will constitute your acceptance of the revised terms. If you are not willing to agree to the revisions, you may cancel your Subscription Product as disclosed in paragraph 6 above.

9. Subscription Issuer

   Mediagistic, Inc., is the issuer of Subscription Products in the United States and its related territories.

10. Entire Agreement

    These Subscription Terms (including, without limitation, the documents incorporated into them constitute the complete and exclusive agreement between you and Mediagistic with respect to the subject matter hereof, and supersede all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements by or between you and Mediagistic concerning such subject matter.