Restrictions. You must be at least 18 years old to use Membership Creator. By accepting these Terms, creating a Membership Creator Account, or using Membership Creator, you represent that you are at least 18 years old. You may not use Membership Creator or the Services if You are an employee, partner, or director of our Competitors or intend to gain access to Membership Creator in order to compete with Membership Creator.

Membership Creator Account Ownership. Your use of Membership Creator is conditioned on your provision of complete, current, and accurate information when registering for a Membership Creator Account. The Membership Creator is intended for business use or in connection with an individual’s trade, craft, or profession. As the individual who accepts these Terms, You are the owner of Membership Creator Account unless You are acting on behalf of a business entity, in which case, the business entity is the owner of Membership Creator Account. If You accept these Terms on behalf of a business entity, You represent and warrant that you have the authority to bind the business entity to these terms. In the event of a dispute regarding the ownership of a Membership Creator Account, Membership Creator reserves the right to request documentation to determine the rightful owner. Membership Creator is not obligated to act as an arbiter or adjudicator of such disputes. Our determination, made in our sole discretion, will be final and binding on all parties. In resolving an ownership dispute, Membership Creator may consider, without limitation, the following factors: (a) The identity of the individual or entity that has consistently paid the Fees for Membership Creator Account via the credit card or other payment method on file; (b) The identity of the individual who created Membership Creator Account; (c) Verifiable, government-issued documentation demonstrating ownership of the underlying business entity associated with Membership Creator Account (e.g., articles of incorporation, business license, partnership agreement); (d) a court order or other binding legal settlement agreement; and (e) Any other documentation or evidence Membership Creator deems relevant to the dispute. Membership Creator reserves the right to disregard any documentation it believes, in its sole discretion, to be fraudulent, tampered with, or otherwise unreliable. If a rightful owner cannot be reasonably determined by Membership Creator, or if the disputing parties fail to provide a resolution, Membership Creator reserves the right to suspend or terminate Membership Creator Account until the parties have reached a mutual written agreement or a court of competent jurisdiction has issued an order resolving the dispute. You agree to defend, indemnify, and hold Membership Creator harmless from any and all claims, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to Membership Creator’s resolution of any ownership dispute. By agreeing to these Terms, you waive any claims against Membership Creator arising from our management of your Membership Creator Account and our resolution of any ownership disputes.

Intended Use. You and your team may use Membership Creator only as intended for lawful purposes and in accordance with these Terms. You agree that You and Your team will not use Membership Creator in any way that violates any applicable law or regulation or engage in any Prohibited Uses. Membership Creator reserves the right to monitor the use of Membership Creator by you and your customers. If Membership Creator determines, in its sole discretion, that a Sub-Account is engaging in suspicious activity, violating applicable law, or is otherwise in breach of these Terms, Membership Creator may request that you suspend or terminate the Sub-Account’s access to Membership Creator. You agree to promptly comply with any such request. Failure to do so may result in the suspension or termination of your Membership Creator Account. In addition, you represent and warrant that: (i) You and Your customers will maintain in effect all licenses, permissions, authorizations, consents, and permits necessary to carry out the obligations under these Terms; (ii) You are fully responsible for your actions and the actions of your employees, agents, and customers who use Membership Creator; (iii) You are fully responsible for the use of Membership Creator by your customers; (iv) You, your employees, agents and customers will not misrepresent Membership Creator or the Services; (v) You will ensure that your employees with access to Membership Creator Account are bound by these Terms, and you will require that your customers accept terms at least as restrictive as these Terms; (vi) You own or control all rights in and to all content you provide to Membership Creator, including, but not limited to, any code provided to customize Membership Creator for your customers; (vii) You, your employees, and your customers will provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunication provider; and (viii) You will not give access to Membership Creator or Services to a direct Competitor of Membership Creator, (ix) You will not directly or indirectly reverse engineer, decompile, disassemble or otherwise attempt to uncover or discover the source code, object code or underlying structure, ideas, know-how or algorithms; (x) You will not modify, translate, or create derivative works based on Membership Creator (except to the extent expressly permitted by us); and (xi) You will not remove any proprietary notices or labels

Compliance. You will be solely responsible for your use of Membership Creator and Services, including (a) the quality and integrity of any data and other information, including Information, made available to us by or for you through the use of Membership Creator, (b) securing and maintaining proper insurance as required, and (c) compliance with all applicable laws and regulations including but not limited to HIPAA and other data privacy laws such as the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Virginia Consumer Data Protection Act (VCDPA), Colorado Privacy Act (CPA), Utah Consumer Privacy Act (UCPA), Connecticut Data Privacy Act (CTDPA), PCI DSS, Gramm-Leach-Bliley Act, all tax laws, regulations, and obligations, applicable accessibility laws and standard, including ensuring websites, applications, and communications created using Membership Creator meet relevant accessibility requirements for your jurisdiction and customer base, and other similar laws and regulations, whether currently in effect or enacted in the future. You are solely responsible for determining, calculating, collecting, reporting, and remitting all taxes applicable to your business operations and customer transactions. Membership Creator provides technology tools only and is not engaged in providing tax, accounting, or professional services advice.. Membership Creator is not responsible for your compliance with laws and does not represent that your use of Membership Creator will comply with any laws, including but not limited to the laws and regulations listed above, tax laws, sales tax regulations, VAT/GST requirements, and other similar laws and regulations.

Privacy. By using Membership Creator and providing Information on or through Membership Creator, you consent to Membership Creator’s use and disclosure of the Information in accordance with the Privacy Policy available here and incorporated herein by reference. 

Data Subject Rights Management. You are solely responsible for managing and responding to all data subject rights requests from your end users, including but not limited to requests for access, deletion, correction, portability, restriction of processing, and objection to processing of personal data. You must establish and maintain appropriate procedures to receive, document, respond to, and fulfill such requests within the timeframes required by applicable privacy laws. If Membership Creator receives any data subject rights requests directly from your end users, Membership Creator may direct such requests to you, and you shall promptly respond to and fulfill such requests in accordance with applicable law. You shall indemnify and hold Membership Creator harmless from any claims, damages, or liabilities arising from your failure to properly respond to or fulfill data subject rights requests.

• Data Breach Notification. You are solely responsible for complying with all applicable data breach notification laws and regulations. In the event you discover or are notified by Membership Creator of a security incident affecting personal data processed through Membership Creator, you shall: (a) promptly investigate the incident and take appropriate remedial measures; (b) determine if the incident triggers any notification obligations under applicable laws; (c) make all legally required notifications to affected individuals, regulatory authorities, and other required parties within the timeframes specified by applicable laws; (d) bear all costs associated with such notifications and remedial measures; and (e) promptly inform Membership Creator of any notifications made to regulatory authorities or affected individuals. Membership Creator reserves the right, but has no obligation, to review and approve the content of your notifications prior to their distribution. Nothing in this section shall be construed to limit Membership Creator's own obligations to notify you of security incidents for which Membership Creator is directly responsible
  

Data Retention and Deletion. You are solely responsible for establishing and implementing appropriate data retention periods and deletion procedures for personal data processed through Membership Creator, in compliance with all applicable privacy laws and regulations. You shall not retain personal data for longer than necessary to fulfill the purposes for which it was collected, or as required by applicable laws. Upon termination of your Membership Creator Account or upon request from your end users in accordance with their data subject rights, you shall ensure the timely deletion or anonymization of personal data as required by applicable laws. You acknowledge that Membership Creator may retain certain information as required by law or for legitimate business purposes as outlined in our Privacy Policy, but such retention by Membership Creator does not relieve you of your own data retention and deletion obligations.

Login Credentials. You are responsible for maintaining the confidentiality of your Login Credentials. You are responsible for all uses of your Membership Creator Account and Login Credentials, whether or not authorized by you. You agree to notify Membership Creator immediately of any unauthorized access to or use of your Membership Creator Account or Login Credentials or any other breach of security. Membership Creator reserves the right to disable your Login Credentials for failure of payment. You are obligated to take preventative measures to prohibit unauthorized users from accessing your Membership Creator Account with your Login Credentials. In addition to maintaining the confidentiality of your Login Credentials, you are responsible for implementing all recommended security protocols and best practices provided or made available by Membership Creator, including but not limited to, enabling two-factor authentication (2FA) for your Membership Creator Account and all associated user accounts. Membership Creator shall not be liable for any damages, losses, or liabilities arising from or related to any security breach, data compromise, or unauthorized access to your Membership Creator Account that results from your failure, or the failure of your users, to implement such recommended security measures. You give consent to Membership Creator to access and monitor your Membership Creator Account and your customer’s accounts for support and security purposes, and/or to perform its obligations under these Terms or to enforce these Terms.

Use of Communication Services. The Membership Creator includes communication features such as SMS, MMS, email, voice call capabilities and other methods. Separate Communication Surcharges for these services apply and will be charged to your invoice (wallet). Communication Surcharges are subject to the Leadconnector Terms of Service, UNLESS you have chosen to connect your own deliverability app. You would then pay for these communication services yourself. Upon cancellation or termination of your Membership Creator Account, all phone numbers procured through Membership Creator on your behalf will be released within fourteen (14) days. Notwithstanding the foregoing, if your customer ported an external phone number to Membership Creator for use in their Sub-Account, that number is the property of the Sub-Account owner. You hereby authorize Membership Creator to release such ported phone numbers to the applicable Sub-Account owner upon their request following the cancellation or termination of your Membership Creator Account. You will also be responsible for cancelling any other third party communication services you have signed up for.

Third Party Services. You may choose to access certain Third-Party Services through Membership Creator. You are responsible for enabling and managing the integration of each Third-Party Service. You acknowledge that by purchasing or integrating Third Party Services through Membership Creator, you grant permission to Membership Creator to share your data with the Third-Party Services providers in order to facilitate the integration and use of the Third Party Services through Membership Creator. The use of information received from Workspace APIs will adhere to the Google User Data Policy, including the Limited Use requirements. You also represent and warrant that You have the appropriate consents for importing any data (including data of your customers) that you request Membership Creator to import from other Third-Party Services and/or are the rightful owner of such data. Membership Creator is not responsible for, and Membership Creator hereby disclaims any liability for, any act or omission of any Third-Party Services provider or the operation of any Third-Party Services, including access to, modification of, or deletion of data, regardless of whether Membership Creator endorses, approves, promotes, or supports any such Third-Party Services. You hereby irrevocably waive any claim against Membership Creator with respect to the content or operation of any Third-Party Services. Your use of the Third-Party Services is governed by Your agreement with such Third Party, including any supplemental policies imposed by the Third Party. You are solely responsible for reviewing and complying with any terms of use, privacy policies or other terms governing your use of these Third-Party Services, which you use at your own risk. Membership Creator disclaims all liability related to outages or downtime of Third Party Services.

Membership Creator does not guarantee the interoperation, integration, or support of any Third-Party Services nor give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by those Third-Party Services. Membership Creator may, at any time, in its sole discretion, modify Membership Creator or Services, which may impact interoperation, integration, or support of Third-Party Services.

If you elect to delete your Membership Creator Account, certain features, functionality, or Services, including Third Party Services (such as LeadConnector phone numbers or email services), may not be recoverable or retrievable upon reactivation.

Membership Creator is not responsible for, and Membership Creator hereby disclaims any liability for, any act or omission of any Third-Party Services provider or the operation of any Third-Party Services, including tax calculation services, access to, modification of, or deletion of data, regardless of whether Membership Creator endorses, approves, promotes, or supports any such Third-Party Services.

Membership Creator Provider Role. You acknowledge and agree that Membership Creator is a technology Membership Creator and communications service provider only. Membership Creator provides Membership Creator infrastructure that enables you to send communications, but Membership Creator does not initiate, create, send, or control the content, timing, or recipients of any communications. All communications sent using Membership Creator are created and initiated solely by you and/or your customers. You, and not Membership Creator, will be deemed the “seller,” “telemarketer,” “advertiser,” or “sender” of all communications for all legal and regulatory purposes.

Your Telecommunications Compliance Obligations. You are exclusively responsible for all communications sent using Membership Creator and for compliance with all applicable federal, state, and international laws governing marketing, advertising, or communications, as amended from time to time. This includes, but is not limited to:

• The Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and its implementing regulations;

• The Telemarketing Sales Rule (TSR), 16 C.F.R. Part 310;

• The CAN-SPAM Act of 2003;

• All federal and state laws and regulations related to do-not-call registries;

• All state-specific telemarketing laws, including but not limited to those requiring registration, licensing, or bonding of telemarketers (such as Texas Business & Commerce Code Ch. 302, as amended, and similar mini-TCPA laws in other jurisdictions).

• Carrier or telecommunications provider rules, including but not limited to 10DLC registration and use requirements.

• International laws and regulations governing marketing and electronic communications, including but not limited to the EU’s General Data Protection Regulation (GDPR) and Canada’s Anti-Spam Legislation (CASL).
  

You represent and warrant that you have obtained all necessary consents, permissions, and authorizations from recipients before contacting them using Membership Creator. You further warrant that you will not use Membership Creator to contact any individual who has not provided the requisite level of consent under applicable law. You also represent and warrant that you have determined whether you are required to register, license, or post a bond under any applicable telemarketing, marketing, or advertising law, and that you have satisfied all such obligations prior to sending communications using Membership Creator. You covenant to maintain such compliance throughout the term of this Agreement. You are solely responsible for maintaining accurate and complete records of such consent and compliance. These obligations survive termination or expiration of this Agreement.

You acknowledge and agree that you are solely responsible for the content of all communications sent through Membership Creator, including any claims relating to false, misleading, or deceptive advertising, privacy or data protection violations, or other unlawful conduct. Membership Creator disclaims all liability for the content or legality of communications transmitted through Membership Creator.

You acknowledge that any compliance-related features provided within Membership Creator are offered solely for your convenience. Their provision does not constitute legal advice, and their use does not guarantee compliance with any law. You agree that you are solely responsible for configuring and using such features correctly.

API and Marketplace Use. Membership Creator may make available a Marketplace for third-party applications or provide access to its application programming interfaces (“APIs”) to allow you to connect other services to Membership Creator. Membership Creator makes no warranties of any kind regarding applications or services provided by third parties on our Marketplace. Your use of any third-party application is at your own risk and is subject to the terms and conditions agreed upon between you and the third-party provider. Membership Creator is not responsible for any aspect of such third-party applications and disclaims all liability for any harm, damage, or loss arising from your use of them. When you use Membership Creator’s APIs, you are solely responsible for your use of them. You represent and warrant that you have obtained all necessary rights and consents to transmit your data to any third party via the API and that such transmission is in compliance with all applicable laws. You agree not to use the APIs in any manner that is excessive or abusive, or that threatens the security, integrity, or performance of Membership Creator. Membership Creator may, in its sole discretion, limit or suspend your access to the APIs if we believe your use violates these Terms.

Membership Creator Updates. Membership Creator reserves the right to make updates or changes to Membership Creator at any time, including changes that may affect the previous mode of operation of Membership Creator. You agree that your use of Membership Creator or purchase of Services is not contingent on Membership Creator’s future delivery or release of any functionality or feature, including but not limited to the continuation of a certain Service or any Third-party Service.

International Use. If you are in an embargoed country or are a sanctioned person or entity, you are prohibited from using Membership Creator. Membership Creator makes no representation that materials on Membership Creator are appropriate or available for use in locations outside the United States. Those who choose to access Membership Creator from other locations do so on their own initiative and at their own risk. If you choose to access Membership Creator from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. You agree to comply with all economic sanctions and export control laws, rules and regulations, including without limitation the regulations promulgated by the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) and the U.S. Department of the Treasury’s Office of Foreign Assets Control (collectively, “Export Control Laws”). By using Membership Creator, you agree not to use, export, import, sell, release, or transfer Membership Creator, the Services, or any Membership Creator or technology that supports Membership Creator or your content, or Membership Creator Content violating any such Export Control Laws. Specifically, and without limitation, Membership Creator, the Services, or any Membership Creator or technology that supports Membership Creator, or your content, or Membership Creator Content may not be exported, transferred, or released, or provide access (a) into any U.S. embargoed countries (including, without limitation Cuba, Iran, North Korea, Syria and the Crimea, Donetsk, and Luhansk regions, Russia and Belarus (a “Prohibited Jurisdiction”); or (b) to anyone included in the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable restricted party lists.

You represent, warrant and covenant that (i) You are not named on, or owned or controlled by any party named on, any U.S. government’s (or other government’s or international body’s) list of persons or entities prohibited from receiving U.S. exports, or transacting with any U.S. person, (ii) You are not a national of, located in, or an entity (or a director/employee/agent/representative of such entity) registered in, any Prohibited Jurisdiction, or an entity that is or has been greater than 50% owned or controlled by any person or persons described in Clause (i) or (ii) and are not Military End Users and will not put Membership Creator or Membership Creator to a Military End Use, as defined in 15 C.F.R. 744.21, (iii) You will not permit your users to access or use Membership Creator and/or Service or provide any services to any person(s) in violation of any Export Control Laws, (iv) no user data created or submitted by You is subject to any restriction on disclosure, transfer, download, export or re-export under the Export Control Laws, and (v) You shall comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which You and Your Users are located. You further agree that You will not use Membership Creator and/or Services to disclose, transfer, download, export or re-export, directly or indirectly, any of your user data or your content to any country, entity or other party which is ineligible to receive such items under the Export Control Laws or under other laws or regulations to which You may be subject. You acknowledge that Membership Creator and/or Service and other Membership Creator may not be available in all jurisdictions and that You are solely responsible for complying with the Export Control Laws. Any offer for any product, Services, and/or information made in connection with Membership Creator is void where prohibited. We reserve the right to terminate access to any Membership Creator Account that we determine to be a prohibited end-user or engaging in prohibited end-use, without any liability to such user.

Domain Names. The Membership Creator allows you to purchase new domain names and transfer existing domain names from third-party registrars. These services are provided through third-party providers, such as Cloudflare. By using these services, you agree to the following terms:

• Domain Name Purchasing. If you use Membership Creator to purchase a domain name, Membership Creator will facilitate the purchase on your behalf, and Membership Creator will be the listed registrant and administrative contact. You agree that you will use the domain name in compliance with these Terms and all applicable laws. You further agree that Membership Creator has the authority to act as your agent in all matters related to the domain. This authority includes, but is not limited to, the right to transfer, pause, remove, or cancel your domain name, or otherwise settle disputes related to the domain name, in Membership Creator’s sole discretion. If Membership Creator receives a notice, such as a cease and desist letter or a Uniform Domain-Name Dispute-Resolution Policy (UDRP) complaint, alleging that a domain name you purchased infringes upon a third party’s intellectual property rights, you grant Membership Creator the authority to settle the matter, which may include transferring the domain to the complaining party upon providing you with reasonable notice.
  

• Domain Name Transfers to Membership Creator. You may request to transfer a domain name to Membership Creator from a third-party registrar. When you confirm and finalize the transfer, Membership Creator will first deduct the applicable fee from your Membership Creator Account wallet and then initiate the transfer via our third-party provider’s API. We will issue a refund of the transfer fee to your wallet only if: (i) the transfer fails due to a rejection from the third-party provider’s API after your wallet has been charged, or (ii) you cancel the transfer at the losing registrar within five (5) days of initiating the request. Membership Creator is not liable for any impact to existing services, such as email hosting or website functionality, that may be disrupted as a result of the transfer process. It is your sole responsibility to follow all transfer instructions carefully and to reconfigure any necessary DNS settings or other services post-transfer. To avoid service interruptions, all domain names transferred to Membership Creator will be set to auto-renew approximately thirty (30) to sixty (60) days prior to their expiration date. The renewal fee will be automatically deducted from your Membership Creator Account wallet. Membership Creator may, in its sole discretion, elect to accept or reject your domain name transfer application for any reason. You agree to indemnify and hold Membership Creator harmless from any claim or demand, including reasonable attorneys’ fees, arising from your use of any domain name purchased or transferred through Membership Creator.
  

• Nameserver Requirements. Domains purchased or transferred through Membership Creator must use the nameservers required by our third-party provider. You may not change the nameservers while the domain is registered through Membership Creator. If you wish to use different nameservers, you must transfer the domain to another registrar. Membership Creator is not responsible for any service issues resulting from attempts to change nameservers or from transferring the domain.
  

Ecommerce Products and Services. You are solely responsible for the Materials that you may sell through Membership Creator and/or Services (including description, price, fees, all tax determinations, calculations, collection, reporting, and remittance, defects, required legal disclosures, regulatory compliance, offers or promotional content), including compliance with any applicable laws or regulations.You acknowledge and agree to provide public-facing contact information, a refund policy and order fulfillment timelines on Your store using Membership Creator. Membership Creator does not provide refunds to your customers. Membership Creator does not pre-screen Materials, and it is in our sole discretion to refuse or remove any Materials from any part of Membership Creator, including if Membership Creator determines in its sole discretion that the Materials that you offer through Membership Creator, or the Materials uploaded or posted to Membership Creator, violate our Code of Conduct or these Terms. You agree that Membership Creator can, at any time, review and delete any or all of the Materials submitted to Membership Creator and/or Services, although Membership Creator is not obligated to do so. You acknowledge and agree that Membership Creator and/or Services are not a marketplace, and any contract of sale made through Membership Creator and/or Services is directly between You and the customer. You are the seller of record for all items you sell through Membership Creator and/or Services. You are responsible for the creation and operation of Your store, Your Materials, the goods and services that you may sell through Membership Creator and/or Services, and all aspects of the transactions between You and Your customer(s). This includes, but is not limited to, authorizing the charge to the customer in respect of the customer’s purchase, refunds, returns, fulfilling any sales or customer service, fraudulent transactions, required legal disclosures, regulatory compliance, alleged or actual violation of applicable laws (including but not limited to consumer protection laws in any jurisdiction where you offer products or services for sale), or Your breach of these Terms. You represent and warrant that Your store, Your Materials and the goods and services you sell through Membership Creator and/or Services will be true, accurate, and complete, and will not violate any applicable laws, regulations or rights of third parties. For the avoidance of doubt, Membership Creator will not be the seller or merchant or record and will have no responsibility for Your store or items sold to customers through Membership Creator and/or Services. Membership Creator reserves the right to provide our Services and/or Membership Creator to Your competitors and make no promise of exclusivity. You further acknowledge and agree that Membership Creator employees and contractors may also be Membership Creator customers or merchants and that they may compete with You. Membership Creator is not responsible for damages or lawsuits that arise if you break the law, breach this agreement or go against the rights of a third party. You need to ensure that the terms & conditions applicable to your transactions with your customers do not conflict with these Terms. Membership Creator is not responsible for any tax-related obligations, calculations, or compliance requirements related to your ecommerce activities. Any tax calculation features provided through Membership Creator are tools only and do not constitute tax advice or guarantee compliance with applicable tax laws.

Tax Calculation Services. The Membership Creator may include optional tax calculation features that integrate with third-party tax calculation service providers ("Tax Services"). Your use of any Tax Services is entirely optional and at your own risk and discretion. Membership Creator provides technology integration tools only and does not provide tax advice, accounting services, or professional services of any kind. You acknowledge that Membership Creator is not a tax advisor, accountant, or professional service provider. All tax calculations, whether performed by you directly or through integrated Tax Services, are provided for informational purposes only. You remain solely responsible for: (i) determining all applicable tax obligations for your business and customer transactions; (ii) ensuring accuracy of all tax calculations and filings; (iii) collecting, reporting, and remitting all required taxes; (iv) maintaining compliance with all applicable tax laws and regulations; and (v) consulting with qualified tax professionals regarding your specific tax obligations. If you elect to use Tax Services through Membership Creator, you acknowledge that: (i) such services are provided by third-party vendors, not Membership Creator; (ii) your use of Tax Services may be subject to additional terms and conditions imposed by the tax service provider; (iii) Membership Creator makes no representations, warranties, or guarantees regarding the accuracy, completeness, or reliability of any tax calculations or Tax Services; and (iv) you are solely responsible for reviewing and complying with all terms governing your use of Tax Services. MEMBERSHIP CREATOR DISCLAIMS ALL LIABILITY RELATED TO TAX CALCULATIONS, TAX COMPLIANCE, AND TAX SERVICES. Membership Creator makes no endorsements, representations, warranties, or guarantees and assumes no liability, obligation, or responsibility for: (i) the accuracy or completeness of any tax calculations; (ii) your compliance with applicable tax laws; (iii) any penalties, interest, or other consequences resulting from tax non-compliance; (iv) the performance or availability of Tax Services; or (v) any decisions you make based on tax calculations provided through Membership Creator. You agree to indemnify, defend, and hold Membership Creator harmless from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to: (i) your use of tax calculation features or Tax Services; (ii) your tax compliance or non-compliance; (iii) any tax-related disputes with customers, tax authorities, or third parties; (iv) any inaccuracies in tax calculations; and (v) your failure to comply with applicable tax laws or regulations.

You acknowledge that any tax-related features provided within Membership Creator are offered solely for your convenience. Their provision does not constitute tax advice, and their use does not guarantee compliance with any tax laws. You agree that you are solely responsible for configuring and using such features correctly.

Data Migration Services. Membership Creator offers to provide data migration services to assist you in transferring your data from a competitor’s Membership Creator to Membership Creator Membership Creator (“Migration Services”). By requesting or using the Migration Services, you agree to the following terms: You represent and warrant that you have the full right and authority to provide Membership Creator with access to your external accounts and to authorize the transfer of your data. You are solely responsible for providing all necessary login credentials and other information required to perform the Migration Services. Membership Creator assumes no liability for an incomplete or failed migration due to your failure to provide the necessary information. Migration timelines are estimates only and delays may occur. Membership Creator does not guarantee that migrations will be completed within any specific timeframe. For migrations that are unusually large or complex, or that fall outside the scope of Membership Creator’s standard courtesy migration service, Membership Creator may require a separate statement of work (SOW) or decline to perform the migration at its discretion. Membership Creator does not guarantee service continuity, compatibility, or preservation of integrations, automations, workflows, or data relationships post-migration. You are solely responsible for verifying the completeness and accuracy of your data and for re-establishing any integrations or automations after migration. In addition to the indemnification obligations in Section 8, you agree to indemnify, defend, and hold Membership Creator harmless from and against any and all third-party claims, fines, and expenses (including reasonable attorneys’ fees) arising from: (i) the data you provide for migration, including any claims of improper collection, disclosure, or processing of such data; (ii) your external accounts and any violation of the terms governing those accounts; or (iii) your violation of any applicable laws or third-party rights related to the Migration Services.