Terms of Service

1. Agreement and electronic records

These Terms of Service (the “Terms”) are a contract between you and Munja (“Munja,” “we,” “us”). You accept them by checking the box when you create an account, or by using Munja. If you accept for a business, you confirm you have authority to bind it, and “you” means that business.

You agree to receive these Terms, notices, invoices, statements and other records electronically, by email or in your account, and that your electronic acceptance has the same effect as a signature under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN) and the Illinois Electronic Commerce Security Act. You may withdraw this consent by closing your account. Keep a copy of these Terms; you can print or save this page at any time.

2. Who may use Munja

Munja is for businesses only. You must be at least 18 years old and able to enter a binding contract. Munja is not for personal, family or household use. You must give accurate account information and keep it current.

3. What Munja is, and is not

Munja is a technology platform. It lets a merchant show offers from partner businesses to its own customers after an order, records when a customer chooses an offer, and passes that customer's name and email to the partner.

MUNJA IS AN INTERMEDIARY ONLY. MUNJA IS NOT A PARTY TO, AND DOES NOT GUARANTEE, ANY OFFER, PRODUCT, INSURANCE POLICY, LOAN, SERVICE OR TRANSACTION BETWEEN A PARTNER, A MERCHANT AND A CUSTOMER. MUNJA DOES NOT ENDORSE ANY PARTNER, MERCHANT OR OFFER, IS NOT AN INSURANCE PRODUCER, BROKER, LENDER, REAL ESTATE LICENSEE OR SETTLEMENT SERVICE PROVIDER, AND DOES NOT GIVE LEGAL, FINANCIAL OR INSURANCE ADVICE. MUNJA DOES NOT GUARANTEE THE NUMBER, QUALITY, ACCURACY, INTENT OR CONVERSION OF ANY LEAD.

Reviewing an offer before it goes live, or running automated checks on it, is not an endorsement or a legal review, and does not move responsibility for the offer from the partner to Munja.

4. Payments

Munja is not a bank or a money transmitter. Card and bank payments are processed by Stripe, and merchant payouts are made through Stripe Connect, under Stripe's own terms. A partner balance is prepaid credit that can be used only to pay for leads on Munja. It is not a deposit, earns no interest, and cannot be transferred. Fees, payouts, refunds, chargebacks and clawbacks are set out in the Merchant Terms and Partner Terms. You are responsible for your own taxes.

5. Your responsibilities

• Comply with every law that applies to your business, your offers and your use of customer information.
• Follow the Acceptable Use Policy.
• Keep your password, two-factor codes and API keys secret. You are responsible for everything done with your account and keys. Tell us at once at support@getmunja.com if you think they were misused.
• Use customer information only as these Terms and the Data Processing Terms allow.

6. Suspension and termination

We may suspend or limit your account, pause or remove any offer or placement, hold or withhold payouts or balances, or end this agreement, at any time and without prior notice, if we reasonably believe you broke these Terms or the law, created risk or possible liability for Munja, a customer or another user, or if we are required to by law, a court, a regulator or Stripe. You may close your account at any time by emailing support@getmunja.com. Sections 3, 4, 7 through 14, and any amounts owed, survive termination.

7. Intellectual property

Munja, its software, design and brand belong to Munja. We grant you a limited, revocable, non-exclusive, non-transferable right to use Munja for your business while your account is in good standing. You keep ownership of your names, logos and offer content, and you grant Munja a non-exclusive, royalty-free license to host, display, format and distribute them to run Munja. You confirm you have the rights to everything you upload. If you send us feedback, we may use it without any obligation to you.

Copyright complaints (DMCA)

If you believe content on Munja infringes your copyright, send a notice under 17 U.S.C. § 512 to support@getmunja.com with subject “DMCA,” including: your signature; the work; the material and where it is; your contact details; a statement of good-faith belief that the use is not authorized; and a statement, under penalty of perjury, that your notice is accurate and you are authorized to act. We will remove material we believe infringes and may end the accounts of repeat infringers. [PLACEHOLDER: DMCA designated agent, to be registered with the U.S. Copyright Office before launch]

8. Disclaimer of warranties

MUNJA IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT THE LAW ALLOWS, MUNJA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. MUNJA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DATA WILL NOT BE LOST, OR THAT YOU WILL EARN ANY AMOUNT OR RECEIVE ANY NUMBER OF LEADS.

9. Limitation of liability

TO THE FULLEST EXTENT THE LAW ALLOWS: (A) MUNJA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, REVENUE, BUSINESS, GOODWILL OR DATA, EVEN IF TOLD THEY WERE POSSIBLE; AND (B) MUNJA'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO MUNJA OR THESE TERMS WILL NOT EXCEED THE FEES YOU PAID TO MUNJA IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE FIRST CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100) IF YOU PAID NO FEES IN THAT PERIOD. THESE LIMITS APPLY TO EVERY THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE AND STATUTE.

10. Indemnification

You will defend, indemnify and hold harmless Munja and its owners, officers, employees and contractors from and against every claim, demand, investigation, fine, penalty, loss, damage, cost and expense (including reasonable attorneys' fees) arising out of or relating to: your offers, products or services; your collection, use or disclosure of customer information; your breach of these Terms or any law, including insurance, real estate, lending, telemarketing, email and consumer protection law; any dispute between you and a customer, merchant or partner; and any content you provide. We may take control of the defense of a claim at your expense, and you will not settle a claim that affects Munja without our written consent.

11. Disputes: binding individual arbitration

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND MUNJA TO RESOLVE DISPUTES BY BINDING INDIVIDUAL ARBITRATION, NOT IN COURT, AND WAIVES THE RIGHT TO A JURY TRIAL AND TO TAKE PART IN A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION.

• Talk first. Before starting arbitration, send a written description of the dispute to support@getmunja.com (or, from us, to your account email). We will both try in good faith to resolve it within 30 days.
• Arbitration. Any dispute, claim or controversy arising out of or relating to Munja or these Terms, including their formation, scope or enforceability, will be decided by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before one arbitrator. The Federal Arbitration Act governs this section. The arbitration will take place in Cook County, Illinois, or by video if the arbitrator allows. Judgment on the award may be entered in any court with jurisdiction.
• Class action waiver. CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or award relief to anyone other than the individual party. If this waiver is found unenforceable for a claim, that claim must be heard in court, not in arbitration.
• Exceptions. Either party may bring an individual claim in small claims court, and either party may ask a court for an injunction to protect its intellectual property or confidential information, or to stop misuse of Munja.
• 30-day opt-out. You may opt out of this arbitration section by emailing support@getmunja.com, subject “Arbitration opt-out,” with your account email and business name, within 30 days after you first accept these Terms. Opting out does not affect the rest of these Terms.

12. Governing law and venue

These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-laws rules. Any dispute not subject to arbitration will be brought only in the state or federal courts located in Cook County, Illinois, and both parties consent to their jurisdiction and venue.

13. Changes

We may change these Terms. We will email you at least 30 days before a material change takes effect, except where a change is required by law or addresses fraud or abuse, which may take effect sooner. Using Munja after a change takes effect means you accept it. Changes do not apply to disputes already noticed under section 11.

14. General

If any part of these Terms is found unenforceable, it will be enforced to the maximum extent allowed and the rest stays in effect (severability). Our failure to enforce a term is not a waiver. You may not assign these Terms without our written consent; we may assign them in a merger, acquisition or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control. You and Munja are independent contractors; nothing here creates a partnership, agency, franchise or employment relationship. These Terms, together with the documents they name and any signed order form, are the entire agreement on their subject; a signed order form controls if it conflicts.

Contact

Munja Companies LLC, [COMPANY ADDRESS], support@getmunja.com