Terms of Service
Last updated: January 2025
Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and Studio on the Mountain ("Company," "we," "our," or "us") governing your access to and use of the Marketing Wins application ("App"), available on mobile and desktop platforms. By downloading, accessing, or using the App, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use the App.
License Grant
Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on devices that you own or control for your personal or internal business purposes. This license does not permit you to:
- Modify, adapt, translate, or create derivative works based on the App
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App
- Remove, alter, or obscure any copyright, trademark, or other proprietary notices from the App
- Use the App for any commercial purpose beyond your own business marketing activities
- Rent, lease, lend, sell, redistribute, sublicense, or transfer the App to any third party
- Use the App in any manner that violates applicable laws or regulations
Purchases and Payments
Daily Marketing Wins is available for purchase through the Apple App Store. All purchases are subject to Apple's Terms and Conditions and are processed through your Apple ID account. Prices are set in US dollars and may vary by region based on Apple's pricing structure and applicable taxes.
Your purchase grants you a one-time license to access all 365 marketing strategies and features included in the App at the time of purchase. We reserve the right to add, modify, or discontinue features at our discretion, though we will make reasonable efforts to maintain the core functionality of the App.
Refund Policy
All purchases made through the Apple App Store are subject to Apple's refund policy. If you are not satisfied with Daily Marketing Wins for any reason, you may request a refund directly through Apple within the timeframe specified in Apple's refund policy.
To request a refund, please visit reportaproblem.apple.com or contact Apple Support directly. We do not process refunds directly and cannot override Apple's refund decisions. For questions about the App's functionality or features, please contact us at support@dailymarketingwins.app before requesting a refund.
User Account and Data
You may optionally create an account to sync your progress and bookmarks across multiple devices. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, abusive, or illegal activity.
Intellectual Property Rights
The App, including all marketing strategies, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, "Content"), is owned by Studio on the Mountain or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Content from the App, except as expressly permitted by these Terms or with our prior written consent. You may use the marketing strategies provided in the App to implement marketing campaigns for your own business.
Disclaimer of Warranties
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the App will be uninterrupted, secure, or error-free, that defects will be corrected, or that the App or the servers that make it available are free of viruses or other harmful components. The marketing strategies provided are for educational and informational purposes only. We do not guarantee specific results, and your results may vary based on your business circumstances, industry, market conditions, and implementation efforts.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STUDIO ON THE MOUNTAIN, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- Your access to, use of, or inability to access or use the App
- Any conduct or content of any third party on the App
- Unauthorized access, use, or alteration of your transmissions or content
- Implementation of marketing strategies from the App
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Indemnification
You agree to indemnify, defend, and hold harmless Studio on the Mountain and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your use of the App, your violation of these Terms, or your violation of any rights of a third party.
Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which Studio on the Mountain is registered, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the App shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in court for intellectual property matters.
Changes to Terms
We reserve the right to modify these Terms at any time in our sole discretion. If we make material changes, we will notify you by updating the "Last updated" date at the top of these Terms and providing notice within the App or via email. Your continued use of the App after such modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the App.
Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Studio on the Mountain regarding your use of the App and supersede all prior agreements and understandings, whether written or oral.
Contact Us
If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us at:
Email: support@dailymarketingwins.app
Company: Studio on the Mountain
Response Time: We will respond to all inquiries within 30 days