MASTER SERVICE AGREEMENT, TERMS OF SERVICE, AND PRIVACY POLICY

Matan Media LLC Effective Date: ____________

PREAMBLE & ACCEPTANCE OF TERMS

Welcome to Matan Media LLC (“Company,” “we,” “us,” or “our”). This Master Service Agreement, Terms of Service, and Privacy Policy (collectively, the “Agreement”) governs your access to and use of our website, software, AI automation services, and consulting offerings.

By signing this Agreement, paying a deposit, or utilizing our services, the client (“Client,” “you,” or “your”) acknowledges that they have read, understood, and agree to be bound by all terms contained herein. If you do not agree to these terms, you must not engage our services.

ARTICLE 1: MASTER SERVICE AGREEMENT

1.1 Definitions

“Services” refers to all web design, software development, AI automation, consulting, hosting, and related services provided by Matan Media LLC.
“Third-Party Services” refers to any external platforms, APIs, hosting providers, payment processors, telephony providers, or software used to deliver the Services (e.g., Stripe, Hostinger, WhatsApp, Telnyx, n8n, Make).
“Deliverables” refers to the final websites, applications, workflows, and configurations provided to the Client.

1.2 Scope of Agreement & About Matan Media LLC

Matan Media LLC operates strictly as an independent Technology Consultant, AI Automation Consultant, Patient Finder Consultant, Web & Software Developer, White-Label Software Provider, and Technology Reseller & Systems Integrator.

Independent Contractor Status: We are a technology architect and deployment agency. We are not the underlying provider of Third-Party Services.
No Guarantees of Third-Party Performance: We do not guarantee uninterrupted service, uptime, or the specific performance, security, or compliance of Third-Party Services. All Third-Party Services are subject to their own respective terms and privacy policies.

1.3 Services Offered & Fee Schedule

We offer a comprehensive suite of digital services, including but not limited to: Website Design, Web Application Development, AI Voice Receptionists, AI Phone Agents, Chatbots, Workflow Automation, WhatsApp Business API Integration, CRM Integration, Patient Finder & Referral Consulting, Software Consulting, Cloud Deployment, and Ongoing Technical Support.

Standard Service Tiers & Fees:

Basic Static Web App: (Home, About, Contact). Upfront Build Fee: $500. Optional Hosting: $100/month.
Complete AI Web App: (Basic pages + Lead Gen, AI Voice Receptionist, Chatbot, Multi-language Email Automation). Upfront Build Fee: $3,500. Optional Hosting: $700/month (Includes domain, email, hosting, and automation platform).
WhatsApp Business API: Pricing varies by country, category, and volume. Contact us for current implementation and messaging costs.
Additional Technical Support: Billed at $150.00 per hour for custom feature requests or out-of-scope work.
To Purchase our service Please Click Pictures above for your choice of services.

1.4 Client Responsibilities

The Client agrees to provide accurate information, required content, timely approvals, login credentials, branding assets, and other materials necessary to complete the project. Delays caused by the Client’s failure to provide these materials will proportionally extend project timelines.

1.5 Payment Terms & Billing

Deposits & Final Payment: All projects require a 20% non-refundable deposit before work commences. The remaining balance is due immediately upon project completion and client approval, prior to deployment, launch, or transfer of assets.
Recurring Subscriptions: Monthly services (hosting, domains, email, AI maintenance, software licensing) require automatic, recurring billing. By subscribing, you authorize us to automatically charge your payment method monthly until you explicitly cancel.
Payment Methods & Fees: We accept Cash, Check, and Major Credit Cards. A 4% processing fee applies to all credit card transactions. A $50 fee applies to any returned checks.
Late Payments & Suspension: If a payment is declined or unpaid, the Client has a 7-day grace period. Thereafter, a late fee of 1% per day will be applied to the total unpaid balance. Services (including hosting, AI agents, and email) may be suspended immediately after the 7-day period. We are not responsible for lost revenue or data due to suspension.
Reactivation & Collections: Restoring suspended services requires payment of all past-due balances, late fees, and a reactivation fee. Unpaid balances may be sent to collections, and the Client will be liable for all associated legal and collection costs.

1.6 Refund Policy & No Chargebacks

Due to the digital nature of our services and the immediate allocation of labor and computing resources, all sales are final and strictly non-refundable once work has commenced or services are delivered. This includes web apps, AI automation, software, hosting, domains, email, and monthly subscriptions.

No Chargebacks: Initiating a chargeback or payment dispute for a completed, delivered, or active service is a breach of this Agreement. If a chargeback is filed, we reserve the right to immediately terminate services, pursue legal action for the full amount, and charge any fees imposed by our payment processors.

1.7 Project Timelines

Timelines are estimates and begin only after the deposit is paid and all required Client materials are received.

Website Design: 7–10 business days.
AI Automation & Voice Agents: 7–10 business days.
Custom Web/Mobile Applications: 10–20+ business days, depending on complexity. Delivery dates are estimates, not guarantees.

1.8 Support Policy

Technical support must be booked and paid in advance. Requests must be submitted via email only with a minimum of 24 hours' notice. We do not offer same-day support. Emergency, after-hours, or weekend requests are subject to availability and will incur premium fees.

1.9 Hosting, Third-Party Services & Infrastructure Disclaimer

Matan Media LLC acts as a reseller and integrator for hosting, domains, and cloud infrastructure. We are not liable for downtime, cyberattacks, third-party outages, API changes, cloud failures, payment processor issues, or hosting failures. The Client is solely responsible for maintaining backups of their own data unless a specific managed backup service is purchased.

1.10 AI Automation Disclaimer

Matan Media LLC provides AI automation systems as a technology platform only. AI-generated responses, voice agents, and chatbots may contain errors, inaccuracies, or "hallucinations." The Client is solely responsible for reviewing, testing, and approving all AI outputs before they are deployed to the public or used in business operations. We do not guarantee the accuracy, legality, or appropriateness of AI-generated content.

1.11 Healthcare, Patient Finder & HIPAA Notice

Matan Media LLC’s automated frontend platforms collect non-Protected Health Information (non-PHI) for introductory intake only. The moment a lead or patient data is handed off to the Client, the Client assumes full responsibility as the primary "Covered Entity" for securing PHI. Matan Media LLC acts strictly as a "Business Associate" or technical conduit and does not guarantee or manage the Client's overall HIPAA, SOC 2, or healthcare compliance.

1.12 TCPA, FCC, 10DLC, WhatsApp & Communications Compliance (Omni-Compliance Clause)

When using our SMS, Voice, or WhatsApp automation services, the Client is the sole "Sender" or "Initiator" of all communications. Matan Media LLC is solely the technical conduit. The Client warrants and agrees to the following:

Prior Express Written Consent: The Client has obtained legally valid, one-to-one opt-in consent from all contacts prior to messaging/calling them.
Record Retention: The Client will maintain records of consent for at least four (4) years.
Opt-Out Management: The Client will never bypass or disable the system’s mandatory "Reply STOP" logic. The Client must immediately honor all opt-out requests.
Prohibited Content: The Client shall not use the platform for debt collection, marketing of controlled substances, or unsolicited political campaigns without explicit consent.
Recording Disclosure: If AI Voice recording is enabled, the Client is solely responsible for ensuring compliance with "Dual-Party Consent" laws in their jurisdiction.
Indemnification for Fines: The Client agrees to defend, indemnify, and hold Matan Media LLC harmless from any and all claims, statutory damages (including TCPA fines of $500–$1,500 per message), legal fees, and regulatory penalties arising from the Client’s failure to obtain proper consent or violation of TCPA, FCC, 10DLC, or WhatsApp policies.

ARTICLE 2: PRIVACY POLICY

2.1 Information Collected

We collect information you voluntarily provide (name, email, phone, business details), project information (media content, automation requests), and technical data (IP address, browser type, cookies).

Payment Information: Processed securely via third-party platforms (Stripe, PayPal, Square). We do not store or access your full credit card details.

2.2 Cookies & Analytics

Our website uses basic cookies and third-party analytics (e.g., Google Services) to improve functionality and user experience. You may adjust your browser settings to refuse cookies, though some features may not function properly.

2.3 Data Retention & Security

We retain personal information only as long as necessary to fulfill our services or comply with legal obligations. We implement reasonable administrative and technical safeguards to protect your data. However, no online transmission is completely secure, and we cannot guarantee absolute security.

2.4 User Rights & Legal Disclosure

You may request access to, correction of, or deletion of your personal information by contacting us. We will disclose your information if required by law, subpoena, or to protect our rights and safety. We do not sell, rent, or lease your personal data to third parties.

2.5 Mobile Messaging Privacy (10DLC Carrier Compliance)

Matan Media LLC values your privacy regarding mobile communications. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. This excludes text messaging originator opt-in data and consent, which will not be shared with any third parties.

Opt-Out: Reply STOP to opt out of SMS messages, or HELP for assistance. For emails, use the "unsubscribe" link.

ARTICLE 3: PROFESSIONAL ADVICE DISCLAIMERS & ACCEPTABLE USE

3.1 No Professional Advice

Matan Media LLC provides technology and administrative intake services only. We do not provide legal, medical, accounting, financial, or insurance advice. Information submitted through our AI intake forms is for administrative purposes only and does not create an attorney-client, doctor-patient, or fiduciary relationship.

3.2 Acceptable Use Policy

Clients may not use our services for illegal, fraudulent, abusive, or unauthorized activities. Prohibited uses include spam, phishing, malware distribution, copyright infringement, hate speech, harassment, or activities violating any local, state, federal, or international laws. Violation of this policy will result in immediate termination and permanent banning without refund, and we reserve the right to cooperate with law enforcement.

ARTICLE 4: INTELLECTUAL PROPERTY & CONFIDENTIALITY

4.1 Intellectual Property Rights

Company IP: Matan Media LLC retains all ownership rights to its pre-existing source code, proprietary AI prompts, workflows, graphics, templates, and frameworks.
Client License: Upon full payment, the Client is granted a perpetual, non-exclusive, non-transferable license to use the final Deliverables (websites, apps, custom configurations) for their internal business operations.
White-Label Terms: If services are provided on a white-label basis, the Client may brand the Deliverables as their own, but may not claim ownership of Matan Media LLC’s underlying proprietary architecture or resell our source code.

4.2 Confidentiality & Non-Solicitation

Both parties agree to keep the other’s proprietary business information, pricing, and trade secrets confidential. During the term of this Agreement and for twelve (12) months thereafter, the Client agrees not to directly or indirectly solicit, hire, or contract with any employee, contractor, or subcontractor of Matan Media LLC.

ARTICLE 5: LIMITATION OF LIABILITY & INDEMNIFICATION

5.1 Limitation of Liability

To the maximum extent permitted by applicable law, Matan Media LLC’s total aggregate liability for any claim arising out of this Agreement shall be limited strictly to the total amount the Client actually paid to Matan Media LLC for the specific service giving rise to the claim in the three (3) months preceding the claim. Under no circumstances shall Matan Media LLC be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost data, business interruption, or damages resulting from cyberattacks, third-party outages, or force majeure events.

5.2 Indemnification

The Client agrees to indemnify, defend, and hold harmless Matan Media LLC, its owners, employees, and agents from any and all claims, damages, liabilities, costs, and legal fees (including attorney’s fees) arising from: (a) the Client’s use of the software or services; (b) the Client’s failure to adhere to regulatory frameworks (e.g., TCPA, GDPR, HIPAA); (c) the Client's violation of this Agreement; or (d) any claim that the Client's use of the Deliverables infringes on a third party's intellectual property rights.

ARTICLE 6: GENERAL PROVISIONS

6.1 Force Majeure

Matan Media LLC shall not be liable for any delay or failure to perform its obligations due to causes beyond its reasonable control, including acts of God, war, pandemics, terrorism, internet service provider failures, global cloud outages, or government actions.

6.2 Termination

Matan Media LLC reserves the right to terminate this Agreement and suspend services immediately upon written notice if the Client breaches any material term of this Agreement, fails to make timely payments, or violates the Acceptable Use Policy. Upon termination for cause, no refunds will be issued.

6.3 Governing Law & Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of ___________________ without regard to its conflict of law principles. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the federal or state courts located in ________________________________

Note: While we serve clients globally (US, EU, UK, Middle East, Africa), the Client consents to this jurisdiction.

6.4 Entire Agreement & Severability

This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, proposals, or representations. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

6.5 Contact Information

For any questions, support requests, or privacy concerns, please contact us via the contact form on our website at www.matanmediallc.com.

ARTICLE 7: CLIENT SIGNATURE & ACCEPTANCE

By signing below, or by clicking "I Agree" / paying the initial deposit, the Client acknowledges that they have read this Master Service Agreement, Terms of Service, and Privacy Policy in its entirety, understand its terms, and agree to be legally bound by them. The Client acknowledges that they are the sole "Data Controller" and "Sender" of communications, and assumes full responsibility for their business's legal and regulatory compliance.

CLIENT INFORMATION:

Company Name: _________________________________________________________

EIN / Tax ID (Optional): __________________________________________________

Contact Person Name: ____________________________________________________

Title: ____________________________________________________________________

Physical Address: _________________________________________________________

Telephone: __________________________ Email: _____________________________

AUTHORIZATION:

Client Authorized Signature: __________________________ Date: ______________

Printed Name: _______________________________________

MATAN MEDIA LLC:

Authorized Signature: ________________________________ Date: ______________

Matan Media LLC - Owner / Director

See Below For More Of Our Terms & Conditions, Click the Pictures below to purchase for each plan, Thanks.

One Time Pay for Website Design Service

Add 4% for Credit Card Precessing Fee For Each Plan

Technical Support: Billed at $150.00 per hour for Any Support or custom feature requests or out-of-scope work.

To Purchase our service Please Click Pictures above for your choice of services.