Online Subscription Agreement

This Agreement applies to all subscriptions to the 701am earned-media platform, including the Runtime (self-service) and Studio (managed-service) offerings, and any related support services, APIs, and integrations. By creating an account or accessing the platform, you agree to these terms.

Subject to payment of applicable fees, 701am grants the Customer a non-exclusive, non-transferable, revocable right to access and use the platform during the subscription term for Customer's internal business purposes. Usage is limited to the number of programs, queries, and seats specified in the Customer's order.

Customer may not: (a) sublicense, resell, or distribute the platform to third parties; (b) reverse engineer, decompile, or extract the platform's source code; (c) use the platform to violate any law or regulation; or (d) access the platform to build a competitive product.

Customer retains all right, title, and interest in its data. 701am processes Customer data only to provide the platform and services. We do not use Customer data for training AI models, building commercial datasets, or any purpose beyond the agreed service.

Customer represents that it has all necessary rights and consents to provide data to 701am for processing under this Agreement, including any FERPA, GDPR, or other regulatory requirements that may apply.

Fees are billed in advance on a monthly or annual basis as specified in the order. Payments are due within 30 days of invoice. Late payments accrue interest at 1.5% per month or the highest rate permitted by law. All fees are non-refundable except as expressly provided in this Agreement.

This Agreement begins on the subscription start date and continues for the initial term. It renews automatically for successive periods equal to the initial term unless either party provides 30 days' written notice of non-renewal.

Either party may terminate for material breach if the breach remains uncured for 30 days after written notice. Upon termination, Customer's access ceases and data is deleted within 90 days per our data retention policy.

Each party agrees to hold the other's Confidential Information in confidence and not to disclose it to third parties except as necessary to perform under this Agreement or as required by law. Confidential Information includes non-public business data, product roadmaps, pricing, and Customer data.

This obligation survives termination for three years.

Neither party's total liability arising out of this Agreement shall exceed the fees paid by Customer in the 12 months preceding the claim. Neither party shall be liable for indirect, incidental, consequential, or special damages, including lost revenue, lost profits, or data loss, even if advised of the possibility of such damages.

These limitations do not apply to: (a) either party's confidentiality obligations; (b) either party's indemnification obligations; or (c) claims arising from gross negligence, fraud, or willful misconduct.

701am will defend Customer against claims that the platform infringes a third party's intellectual property rights and will pay resulting damages or settlements. Customer will defend 701am against claims arising from Customer's data or use of the platform in violation of law.

This Agreement is governed by the laws of the State of Delaware, without regard to its conflict-of-law provisions. Any disputes shall be resolved exclusively in the state or federal courts of Delaware.

This Agreement, together with any orders and referenced policies (including the Privacy Policy), constitutes the entire agreement between the parties and supersedes all prior agreements. It may only be modified in writing signed by both parties.