Terms of Service

Please read these terms carefully before using our Services.

Shark Marketing Systems LLC

Effective Date: May 5, 2025

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "Subscriber," or "you") and Shark Marketing Systems LLC ("Company," "we," "us," or "our"). By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Services.

2. Description of Services

Shark Marketing Systems LLC provides a white-labeled SaaS platform built on sub-account infrastructure. The Services enable subscribers to access CRM tools, marketing automation, SMS/email communications, pipeline management, and related business productivity features (collectively, the "Services"). Subscribers may use the platform to communicate with their own clients, manage contacts, run campaigns, and build automated workflows.

3. Eligibility

You must be at least 18 years of age and have the legal authority to enter into a binding contract to use the Services. By using the Services, you represent and warrant that you meet these requirements.

4. Account Registration and Responsibilities

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to:

Provide accurate and complete registration information

Update your information promptly if it changes

Notify us immediately of any unauthorized use of your account

Not share your account credentials with any third party

5. Subscriber Use of the Platform - Liability Disclaimer

IMPORTANT: THE COMPANY PROVIDES THE PLATFORM AS A TOOL ONLY. THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR HOW SUBSCRIBERS USE THEIR ACCOUNTS, WHAT MESSAGES ARE SENT, WHAT CAMPAIGNS ARE RUN, OR ANY OUTCOMES RESULTING FROM SUBSCRIBER ACTIVITIES. EACH SUBSCRIBER IS SOLELY RESPONSIBLE FOR ENSURING THEIR USE OF THE PLATFORM COMPLIES WITH ALL APPLICABLE FEDERAL, STATE, LOCAL, AND INTERNATIONAL LAWS AND REGULATIONS.

Without limiting the foregoing, you agree that you are solely responsible for:

All content you send, post, or transmit through the platform

Obtaining all necessary consents, permissions, and opt-ins from your contacts before sending communications

Complying with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, GDPR, CCPA, and any other applicable laws

Ensuring your use does not violate any third-party rights

Any claims, damages, or liabilities arising from your use of the Services

6. SMS Messaging Terms

6.1 Business Identification

Shark Marketing Systems LLC

You may receive billing notifications, marketing messages, support communications, and others.

6.2 Opting Out

You can cancel the SMS service at any time by replying "STOP" to any text. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

6.3 Carrier Disclaimer

Carriers are not liable for delayed or undelivered messages.

6.4 Message and Data Rates

As always, message and data rates may apply for any messages sent to you from us and to us from you. Messaging frequency will vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

6.5 Privacy Policy

If you have any questions regarding privacy, please read our privacy policy: [INSERT LINK TO PRIVACY POLICY].

7. Prohibited Uses

You agree not to use the Services to:

Send spam, unsolicited, or harassing communications

Transmit content that is illegal, defamatory, obscene, or fraudulent

Violate any applicable law or regulation, including TCPA, CAN-SPAM, or GDPR

Infringe on any intellectual property or proprietary rights of any party

Introduce malware, viruses, or other harmful code

Attempt to gain unauthorized access to any system or network

Engage in any activity that could damage the reputation of the Company or the underlying platform

8. Intellectual Property

The Services, including all software, content, trademarks, and materials, are the exclusive property of Shark Marketing Systems LLC and/or its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Services for lawful business purposes in accordance with these Terms. You may not copy, modify, distribute, sell, or lease any part of the Services without our prior written consent.

9. Payment, Subscription, and Usage Fees

9.1 Subscription Fees

Fees for the Services are set forth in your selected subscription plan at the time of purchase. All fees are non-refundable unless otherwise expressly stated in writing by the Company. The Company reserves the right to modify subscription pricing with reasonable advance notice, and continued use of the Services after a pricing change takes effect constitutes your acceptance of the new rates.

9.2 Usage-Based Fees

In addition to your base subscription fee, certain features and activities within the platform - including but not limited to SMS messaging, email sends, phone minutes, and other consumption-based resources - may incur additional usage fees. These fees will be automatically calculated based on your activity and charged to the payment method on file associated with your account. By using the Services, you authorize the Company to charge such usage fees as they are incurred. It is your responsibility to monitor your usage and understand the applicable rates for the features you use.

9.3 Failed Payments and Account Suspension

If a payment attempt for your subscription or usage fees is unsuccessful, we will notify you by email at the address associated with your account and prompt you to update your payment information. The Company will make up to three (3) automatic retry attempts to charge the payment method on file, spaced approximately one (1) day apart over a three (3) day period.

If all three retry attempts fail and the outstanding balance remains unpaid, your account will be suspended and you will immediately lose access to your subaccount and all associated data, contacts, workflows, and settings within the platform. The Company is not liable for any loss of business, data, or opportunity resulting from an account suspension due to non-payment.

To restore access to a suspended account, you must update your payment method and pay all outstanding balances in full. The Company reserves the right to permanently terminate accounts that remain suspended for an extended period without resolution.

10. Suspension and Termination

We reserve the right to suspend or terminate your account and access to the Services at any time, with or without notice, for any reason, including but not limited to:

Violation of these Terms

Failure to pay applicable fees

Use of the Services in a manner that poses legal or reputational risk to the Company

Any illegal or abusive conduct

Upon termination, your right to use the Services immediately ceases. We are not liable to you or any third party for any suspension or termination of your account.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHARK MARKETING SYSTEMS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO US IN THE THREE (3) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100.00).

13. Indemnification

You agree to indemnify, defend, and hold harmless Shark Marketing Systems LLC, its officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) any content you transmit through the Services.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the state and federal courts located in New Jersey. The Company conducts business online internationally; nothing herein limits our ability to seek equitable or injunctive relief in any jurisdiction.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the effective date at the top of this document and, where appropriate, by notifying you via email or within the platform. Your continued use of the Services after the effective date of updated Terms constitutes your acceptance of the changes.

16. Entire Agreement / Severability

These Terms, together with our Privacy Policy and any applicable order forms or subscription agreements, constitute the entire agreement between you and the Company regarding the Services. If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

17. Contact Information

For questions regarding these Terms, please contact us at:

Shark Marketing Systems LLC

712 West Ave

Ocean City, NJ 08226

Email: [email protected]