Terms of use online campaign
optimization and management service

PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE (the "Terms" or the "Agreement") BEFORE USING THE SERVICES. ALL USERS OF THE SERVICES AGREE THAT ACCESS TO AND USE OF THE SERVICES ARE SUBJECT TO THESE TERMS AND CONDITIONS AND OTHER APPLICABLE LAWS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICES.

1. Description and Access to the Services

The 3Pod software platform is provided by 3Pod Group LLC ("3Pod") and allows you (sometimes referred to as the "Client") as an authorized user below to access and use a set of online marketing and advertising campaign tools and services (collectively, the "Services"). The Services are available to the Client, and hereby the Client is granted a limited right and license to access and use the Services by subscription, subject to the terms and conditions set forth herein. To use the Services, the Client must establish a user account, which can be accessed by entering an authorized name, an email address, a designated password, and other required information requested from the Client upon initial registration of the user account or upon logging in.

The Client is responsible for maintaining the security of any user password and other account information and access details for use with the Services, and the Client is also responsible for the integrity and security of the operating environment from which the Client accesses and uses the Services. 3Pod reserves the right to periodically modify the features and functionality of the Services; provided that the Services remain functional in order to enable users to manage online marketing and advertising campaigns. 

2. Subscriptions and Memberships

Subscriptions may be offered for certain 3Pod services. The duration of the subscription varies between different services and is therefore agreed upon as part of the specific order. Where applicable, subscriptions are made at the time of request, and the full monthly subscription fee must be paid in advance for each period.

3. Fees for Services

3Pod will bill the membership for a period of 1 calendar month at the beginning of each membership so the service is charged in advance. For orders that commence during the course of a calendar month, the payment for the services and membership provided by 3Pod is non-refundable. Returned payments including, among others, bounced checks, ACH, eCheck, and credit card chargebacks incur returned payment fees of up to $25.00 USD per returned payment. If any payment obligation by the Client under this Agreement is not paid on time, 3Pod may, at its discretion, suspend the Client's access and use of the Services without prior notice or terminate this Agreement. Payment overdue thirty (10) days or more after the terms set forth in the invoice are considered delinquent and the service is terminated.

4. Payments

The Client authorizes 3Pod to charge their credit card, debit card, or financial institution account (via an Automated Clearing House ("ACH") transaction), for all amounts owed to 3Pod regarding the Services and disbursements requested by the Client from 3Pod. With respect to each ACH transaction the Client authorizes, the Client agrees to be governed by the "National Automated Clearing House Association Operating Rules" ("NACHA Rules"), as they may be amended from time to time.

When the Client provides a Payment Method to 3Pod, the Client confirms that they are allowed to use that Payment Method. The Client also authorizes 3Pod to collect and store the related payment card or financial institution account numbers or other information, along with other transaction-related information (together, "Payment Information"). 3Pod's account administrator may change or update the Payment Information at a later time and in the manner that 3Pod requires in its sole discretion. When the Client makes a purchase, the Client authorizes 3Pod to charge the total amount of the transaction.

This Authorization shall remain in full force and effect until the Client notifies 3Pod by email to [email protected] that the Client wishes to revoke this Authorization. 3Pod requires at least 10 business days' prior written notice to revoke (cancel) this Authorization. Revocation shall not affect 3Pod's right to initiate credits to the Client's account to correct or adjust debits that were processed before the Client's revocation becomes effective.

If a credit card or ACH payment is returned from the Client's Account due to insufficient or uncleared funds or due to incorrect information, 3Pod may reinitiate the returned debit to the Client's Account within one to five days after the initiation of the initial debit. The Client agrees to pay 3Pod a returned payment fee of $25 that 3Pod may charge, for each returned debit from the Client's Account.

If the Client believes that a debit initiated by 3Pod occurred in error, there was an error in the amount of a debit, or any other error, the Client must promptly submit a claim to 3Pod by contacting 3Pod at [email protected], providing 3Pod with all information the Client has about the alleged error, and taking any other action as required by 3Pod. The Client has thirty (30) days after the posting date of the debit in question to submit a claim. If the Client submits a claim to 3Pod after more than thirty (30) days, 3Pod shall have no obligation to investigate the claim, and the Client shall not be entitled to recover funds the Client has lost as a result of the alleged error. If an error occurs with respect to a credit, 3Pod may take any action permitted by law and the NACHA Rules to recover funds from the Client's Bank Account.

5. Confidentiality

While this Agreement is in effect and for a period of three (3) years after the termination of this Agreement, 3Pod agrees to use reasonable efforts (i) to treat as confidential all information provided by the Client through the use of the Services that is generally not available to the public; (ii) to use such confidential information solely in connection with the Services under this Agreement; and (iii) not to disclose such confidential information to third parties without the written consent of the Client, except to enforce 3Pod's rights under this Agreement and in the Services.

6. Property Rights

The Services and other materials and content made available to the Client through the use of the Services are the property of 3Pod and/or its licensors and no rights to the Client are granted with respect to such matters other than the limited use rights specified herein. All copyrights, trademarks, service marks, and trade names and logos of 3Pod used with the Services are copyrights or trademarks of 3Pod and/or its licensors. The Client also agrees not to attempt to reverse engineer, decompile, or disassemble the Services or any portion thereof.

7. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND (EXCEPT WHERE SPECIFICALLY AND AFFIRMATIVELY STATED OTHERWISE IN THESE TERMS), WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 3POD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR THE USE THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 3POD DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

8. Limitation of Liability

IN NO EVENT SHALL 3POD OR ITS LICENSORS BE LIABLE TO THE CLIENT FOR CONSEQUENTIAL, INDIRECT, SPECIAL, OR INCIDENTAL DAMAGES OR LOSS OF REVENUE ARISING OUT OF OR RELATED TO THE USE OF THE SERVICES OR THE BREACH OF THIS AGREEMENT, EVEN IF 3POD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF 3POD AND ITS LICENSORS FOR ANY DAMAGES HEREUNDER SHALL BE LIMITED TO THE AMOUNTS PAID BY THE CLIENT TO 3POD HEREUNDER DURING THE 90 DAYS IMMEDIATELY PRECEDING THE SERVICES GIVING RISE TO SUCH CLAIM. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, 3POD GROUP LLC SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM ANY DELAY OR FAILURE IN PERFORMANCE OF THE SERVICES IF SUCH DELAY OR FAILURE IS CAUSED BY CIRCUMSTANCES BEYOND THE CONTROL OF 3POD, INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, COMMERCIAL OR TELECOMMUNICATIONS POWER OUTAGES, GOVERNMENT ACTION, WAR, INSURRECTION, FIRE, OR ANY OTHER DAMAGE OR STRIKE. FURTHERMORE, IN NO EVENT SHALL 3POD BE LIABLE TO THE CLIENT OR THE CLIENT'S CUSTOMERS FOR ANY DAMAGES RESULTING FROM OR RELATED TO ANY FAILURE OR DEFICIENCY IN THE CLIENT'S PRODUCTS AND/OR SERVICES.

9. Termination

3Pod or the Client shall have the right to terminate this Agreement at any time by written notice at least 2 business days prior to the end of the applicable term for which the Client has subscribed. Unused subscription and other fees shall not be refunded to the Client, but a reasonable attempt shall be made to expend prepaid subscriptions.

10. Waiver of Modification of Agreement

No failure by either party to exercise any right granted under this Agreement, or to insist upon strict compliance with its terms, shall constitute a waiver of any terms of this Agreement. Any amendment to this Agreement shall be made only by a mutually agreed upon written amendment executed by both parties.

11. Governing Law

This Agreement shall be governed by the laws of the State of Georgia without regard to its provisions regarding conflicts of laws.

12. Arbitration

Before submitting any dispute between the parties to a court of law, the parties agree to first submit the dispute to non-binding arbitration before an independent arbitrator (or, if subsequently mutually agreed upon between the parties, before an arbitration panel acceptable to both parties), and such arbitration proceeding shall conclude first before either party brings any subsequent action arising therefrom in a court of law. The venue for such arbitration shall be Atlanta, Georgia, unless otherwise agreed upon in writing.

13. Complete Agreement; Changes to Terms

This Agreement constitutes the entire understanding of the parties regarding the Services to be provided and the payment to be made. These Terms, or any portion thereof, may be amended by 3Pod without prior notice at any time and for any reason; provided that, if we decide to modify these Terms, the changes shall only be effective as to the Client's use of the Services after such change in the Terms. 3Pod will annotate at the top of these Terms the date of the last update, which should alert the Client to any changes in these Terms since the Client's previous use of the Service.