Terms and Conditions

Viking Marketing Online, LLC. Master Service Agreement Last Updated: January 28th, 2025

1. Overview

This Master Service Agreement ("Agreement") is entered into by Viking Marketing Online, LLC. ("Service Provider") and the client ("Client"). This Agreement governs the provision of software as a service (SaaS) and related services by the Service Provider to the Client.

2. Services

The Service Provider will provide comprehensive SaaS services, including chatbot creation, management, and other related digital marketing services ("the Program"), as detailed in separate Statements of Work (SOWs) or Terms of Service Agreements (TOS).

3. Data Sharing and Privacy

The Client agrees to provide necessary data for the Program. The Service Provider commits to using this data solely for service provision and may share it with third-party services essential for delivering the Program. The Service Provider will take reasonable steps to protect the Client's data from unauthorized access, use, or disclosure

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. All other categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

All customer data provided by the Client remains the sole property of the Client. Viking Marketing Online, LLC. will process such data exclusively for the purposes of delivering the contracted Services. Data will not be used for any other purpose, sold, or disclosed to unrelated third parties.

Upon termination of this Agreement or at the Client's written request, Viking Marketing Online, LLC. will securely delete or return all Client-provided data within a commercially reasonable period, except where retention is required by law.

OPT IN CONSENT: By submitting your phone number, you are authorizing us to send you text messages and notifications. Message and data rates apply. Reply STOP to unsubscribe to a message sent from us.

By providing your email address you agree that Viking Marketing Online, LLC. may send you email notifications, promotional material and other marketing materials. We will not share your email address, and will only use it for internal purposes. By providing your phone number, you agree that Viking Marketing Online, LLC. may call you at this number. If this is a cell phone number, you agree that we may contact you, including pre-recorded messages and/or text messages, even if your cell phone provider may charge you for calls according to your current plan. You can view our Privacy Policy for more information regarding user data on both our website and in our software.

4. Third-Party Services

Viking Marketing Online, LLC. will only engage trusted third-party providers who are contractually bound to protect Client data and use it solely for providing their services. While the Client remains responsible for reviewing such providers' terms, Viking Marketing Online, LLC. takes reasonable steps to ensure that its third-party providers meet industry-standard security and privacy practices.

5. Client Responsibilities

The Client is responsible for providing accurate and complete data and for the use of the Program by their employees and agents. Delays in providing required information or approvals may affect the delivery schedule.

6. Intellectual Property and Content Usage

All Work Products created for the Client during the Program remain the intellectual property of Viking Marketing Online, LLC. The Client is granted a perpetual, non-exclusive, royalty-free license to use such Work Products for its internal business purposes.

Upon termination, the Client must cease using the Program itself but may retain rights to Work Products already delivered, unless otherwise specified in the applicable SOW or TOS.

7. Payment Terms

Fees are due and payable in advance on a monthly basis unless otherwise specified in individual SOWs or TOS.

Our service carries a monthly invoice that is auto-debited from your card each month. There are additional charges to be aware of. As our system is built with phone numbers to allow for SMS and Voice, you will receive a monthly allotment of minutes and credits each month included in your pricing.

Any minutes that go over that allotted amount will be charged as follows to the card on file:

Making Calls: $0.028 per minute (e.g. $10 = approx. 355 outbound calls)

Receiving Calls: $0.017 per minute (e.g. $10 = approx. 590 inbound calls)

Text: $0.0158 per segment (160 characters per segment) (e.g. $10 = approx. 635 segments)

Email: $0.00675 per email (e.g. $10 = approx. 5,000 emails)

Each Phone Number added to the account: $2.30 per month per number

NOTE: Rates are subject to change based on charges from provider. Notifications will be conducted through our Terms of Service Agreement. It is the sole responsibility of the client to read and understand the terms of service.

8. Termination

This Agreement can be terminated by either party with written notice. Specific procedures and effects of termination are outlined in individual SOWs or TOS.

Upon termination, Client data will be handled in accordance with Section 3 (Data Return and Deletion). Client acknowledges that certain aggregated, anonymized, or transactional records may be retained by Viking Marketing Online, LLC. for legal, compliance, or business continuity purposes.

9. Dispute Resolution

Disputes arising under this Agreement shall be resolved through binding arbitration in Chandler, Arizona, according to the rules of the American Arbitration Association.

10. Limitation of Liability

The Service Provider's liability is limited to the fees paid by the Client. Neither party is liable for indirect or consequential damages.

11. Indemnification

The Client agrees to indemnify the Service Provider against claims arising from their use of the Program.

12. Governing Law, Binding Arbitration, and Class Action Waiver

a. Applicable Law

The laws of the State of Arizona will govern these Terms of Service and any disputes under them, without giving effect to any principles of conflicts of laws.

b. Binding Arbitration

Please read the following paragraphs carefully because they require you to agree to resolve all disputes between us through binding individual arbitration.

Any controversy or claim arising out of or relating to these Terms shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with the Commercial Arbitration Rules, then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in Chandler, Arizona. Any arbitration award may be entered in a court of competent jurisdiction.

c. Class Action Waiver

All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

13. General Provisions

Severability: If any part of this Agreement is found invalid, the remainder continues in effect.

Entire Agreement: This document and any SOWs or TOS constitute the entire agreement between the Parties.

The Parties acknowledge that while Viking Marketing Online, LLC. is not directly subject to the EU General Data Protection Regulation (GDPR), it follows data protection principles modeled after GDPR and the California Consumer Privacy Act (CCPA), including data minimization, purpose limitation, security, and respect for individual rights where applicable.

14. Waiver

No waiver of any provision of this Agreement will be effective unless in writing and signed by both parties.

15. Notices

All notices to a party shall be in writing and shall be made via email. Notices to the Service Provider must be sent to [email protected]. Notices to the Customer must be sent to the email address provided by the Customer when creating their account. Notices are effective on receipt.

Viking Marketing Online, LLC. may contact the Customer regarding these Terms using any information the Customer provides, or by any other means if the Customer does not provide contact information. If the Customer no longer wishes to receive communications from the Service Provider, the Customer can click on the "unsubscribe link" provided in such communications or contact the Service Provider at [email protected].

When the Customer creates an account, the Customer must designate a primary email address that will be used for receiving electronic communication related to these Terms. The Service Provider will never send the Customer an email requesting confidential information such as account numbers, usernames, or passwords, and the Customer should never respond to any email requesting such information. If the Customer receives such an email purportedly from the Service Provider, the Customer should not respond to the email and should notify the Service Provider at [email protected].

For all other feedback, comments, requests for technical support, and other communications relating to the SaaS Service or the Terms, please contact the Service Provider at [email protected] or by mail at:

Viking Marketing Online, LLC. ATTN: Legal Department 4240 S Arizona Ave #1063 Chandler, AZ 85248

16. Headings

The headings in this Agreement are for convenience only and will not affect its interpretation.

17. Counterparts

This Agreement may be executed in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.

18. User Responsibility

The Customer is responsible for the use of the SaaS Service by their employees and agents. The Customer is also responsible for ensuring that the data that they provide to the Service Provider is accurate and complete.

19. Service Modifications and Interruptions

The Service Provider may modify or interrupt the SaaS Service from time to time for any reason, including but not limited to maintenance, upgrades, or changes to the Third-Party Services. The Service Provider will make reasonable efforts to notify the Customer of any modifications or interruptions to the SaaS Service.

20. Changes to Liability

The Service Provider will not be liable for any damages or losses arising from the use of the SaaS Service, including but not limited to lost profits, lost data, or damage to property. The Service Provider's liability will be limited to the amount of fees that the Customer has paid for the SaaS Service.

21. Changes to Terms and Conditions

The Service Provider may change the terms and conditions of this Agreement at any time. The Customer will be notified of any changes to the terms and conditions by email. If the Customer does not agree to the changes, they may terminate the Agreement by providing written notice to the Service Provider within thirty (30) days of the date of the changes.

Acceptance of Terms

By clicking on the "Submit Agreement to Confirm Membership" button, you agree to the terms and conditions of this Agreement. You have read and understood the terms and conditions of this Agreement. You understand that the Service Provider will use Third-Party Services to provide the SaaS Service. You agree to review the privacy policies of the Third-Party Services before using them.