These Terms govern your use of the Marketing Automation Tracker ("MAT" or "the Service") provided by Silver Path Marketing ("Silver Path", "we"). By creating an account, connecting an integration, or installing the MAT tracking script on a website you control, you ("Customer", "you") agree to these Terms.
If you are entering into these Terms on behalf of a company, you represent that you have authority to bind that company.
MAT is a marketing analytics, attribution, CRM, call-tracking, SMS, email-marketing, and SEO platform. Functionality, features, and integrations may evolve over time.
You are responsible for the accuracy of your account information, the security of your credentials, and all activity under your account. Notify us promptly of any unauthorized access at eagan@silverpathmarketing.com.
You represent and warrant that:
You will not, and will not permit anyone to:
Customer Data. You retain all rights to data you upload, contacts you import, content you generate, and analytics tied to your sites. We process Customer Data only to provide the Service and as described in our Privacy Policy.
Service Data. We retain rights to aggregated, anonymized usage data for benchmarking and product improvement.
The Service connects to Google, Meta, Twilio, Deepgram, Anthropic, AWS, Ahrefs, Namecheap, Resend, and other third parties. Your use of those services is governed by the respective provider's terms. We are not responsible for outages, deprecations, or policy changes by third parties, but we will use reasonable efforts to maintain working integrations.
Fees, billing cadence, and payment terms are set out in the order form, proposal, or invoice you accept. Fees are non-refundable except where required by law. Past-due balances accrue interest at the lesser of 1.5% per month or the maximum legal rate. We may suspend the Service for non-payment after 10 days' notice.
These Terms run from your first use of the Service until terminated. Either party may terminate for material breach uncured after 30 days' notice. We may suspend or terminate immediately for violations of Section 5 (Acceptable use) or for non-payment.
On termination, we will export your Customer Data on request within 30 days, after which we will delete it per the retention schedule in our Privacy Policy.
Each party will protect the other's non-public information using at least reasonable care and will not disclose it except to employees, contractors, and advisors with a need to know.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, SILVER PATH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ATTRIBUTION OR AI OUTPUTS WILL BE ACCURATE.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUES, OR DATA. EACH PARTY'S TOTAL LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO SILVER PATH IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. THIS LIMITATION DOES NOT APPLY TO BREACHES OF SECTION 5, INDEMNITY OBLIGATIONS, OR FRAUD.
You will defend and indemnify Silver Path against third-party claims arising from (a) your Customer Data, (b) your use of the Service in violation of these Terms or applicable law, or (c) your failure to obtain required consents from website visitors, contacts, or Google account owners.
We will defend and indemnify you against third-party claims that the Service, as provided by us and used in accordance with these Terms, infringes a U.S. patent, copyright, or trademark.
We may update these Terms by posting a revised version with a new effective date. Material changes take effect 30 days after notice. Continued use of the Service after the effective date constitutes acceptance.
These Terms are governed by the laws of the State of Wisconsin, USA, without regard to conflict-of-laws principles. The parties consent to exclusive jurisdiction and venue in the state and federal courts located in Dane County, Wisconsin. Each party waives any right to a jury trial.
These Terms, the Privacy Policy, and any order form constitute the entire agreement and supersede prior agreements on this subject. If any provision is held unenforceable, the remainder remains in effect. Neither party may assign these Terms without the other's consent, except in connection with a merger, acquisition, or sale of substantially all assets.
Notices to Silver Path: 2624 Monroe St. #209, Madison, WI 53711 / eagan@silverpathmarketing.com.