Last Updated: August 20, 2025

1. Agreement and Acceptance

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and MossyMedia Communications Inc., a British Columbia, Canada corporation (“MossyMedia,” “we,” “us,” or “our”), regarding your use of the MossyMedia.ai service (“Service”).

By subscribing to our Service, accessing our website, or using any of our tools, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Service.

2. Service Description

MossyMedia provides a subscription-based earned media service that helps businesses identify journalists who write about their industry and uses technology to pitch journalists the client’s story. Our Service includes:

  • Identification of relevant journalists in your industry
  • Creation of up to 6 media pitches per client
  • Distribution of up to 120 targeted journalist pitches per day (volume may vary based on the available pool of journalists writing about your space)
  • AI-assisted targeting and pitch creation
  • Access to third-party tools including Instantly.ai and Cal.com
  • Training on tool usage
  • Best efforts facilitation of media interviews between journalists and clients

Service Levels by Subscription:

  • Ignite and Accelerate: Client is responsible for responding to journalist inquiries and booking interviews using provided tools
  • Amplify: MossyMedia handles journalist responses and books interviews between journalists and client spokespersons

Important: MossyMedia provides earned media services. We do not purchase articles or guarantee media coverage. All articles are written at the sole discretion of journalists, and MossyMedia cannot be held liable for the content, tone, or publication of any articles that may result from our Service.

3. Subscription Plans and Pricing

We offer three monthly subscription plans:

  • Ignite: $499 USD per month
  • Accelerate: $599 USD per month
  • Amplify: $2,599 USD per month

All prices are in USD and are billed monthly in advance. Subscriptions automatically renew each month unless cancelled.

4. Client Requirements and Responsibilities

4.1 Required Accounts and Tools

  • You must provide a professional-level Zoom account (not the time-limited free version) for journalist interviews
  • You must comply with the terms of service of all third-party tools provided, including:
    • Instantly.ai: https://instantly.ai/terms
    • Cal.com: https://cal.com/terms
    • Any updated versions of these terms

4.2 Client Obligations

You are responsible for:

  • Providing accurate and complete information about your business for pitch creation
  • For Ignite and Accelerate subscriptions: Responding promptly to journalist inquiries received through our outreach campaigns
  • For Amplify subscriptions: Being available for interviews scheduled by MossyMedia and responding to our scheduling requests
  • Attending all media interviews arranged through our Service
  • For Ignite and Accelerate subscriptions: Maintaining organized workspace in provided tools
  • Providing requested materials to journalists (logos, product images, etc.) in a timely manner
  • For Ignite and Accelerate subscriptions: Ensuring compliance with all applicable anti-spam laws including CAN-SPAM Act, GDPR, and CASL when communicating with journalists
  • For Ignite and Accelerate subscriptions: Reviewing and taking responsibility for any AI-generated content you create when responding to journalists
  • Maintaining professional conduct in all communications and interviews

4.3 Data Accuracy and Compliance

You represent and warrant that all information provided to MossyMedia is accurate, complete, and up-to-date. You acknowledge that MossyMedia relies on this information to create media pitches and assumes it is reliable and accurate.

You must ensure compliance with all applicable data protection and privacy laws when handling journalist contact information provided through our Service.

5. Third-Party Tools and Services

5.1 Tool Access and Training

MossyMedia provides access to third-party tools including Instantly.ai (inbox management, AI reply features, CRM system) and Cal.com (calendar synchronization). The cost of these tools is included in your subscription fee.

We will provide training on the use of these tools, after which you are responsible for their proper use and maintenance of your workspace.

5.2 Third-Party Terms Compliance

You must comply with the terms of service of all third-party tools. If these terms change, you must comply with the updated terms. Links to current terms:

  • Instantly.ai: https://instantly.ai/terms
  • Cal.com: https://cal.com/terms

5.3 Third-Party Limitations

MossyMedia is not responsible for:

  • Performance, availability, or functionality of third-party tools
  • Changes to third-party terms of service or pricing
  • Discontinuation of third-party services
  • Data handling practices of third-party providers

We will use best efforts to address any third-party service issues that arise but cannot guarantee resolution.

6. Payment Terms

6.1 Billing and Payment

  • Subscriptions are billed monthly in advance
  • Payment is processed through Stripe
  • All fees are non-refundable
  • You authorize automatic recurring charges to your designated payment method

6.2 No Refunds

ALL FEES PAID ARE NON-REFUNDABLE. We do not provide refunds, credits, or prorated amounts under any circumstances, including early termination or non-use of services.

6.3 Late Payment

If payment fails or is late, we may suspend your Service until payment is received. You remain liable for all outstanding fees plus applicable late charges.

7. Cancellation and Termination

7.1 Cancellation by Client

You may cancel your subscription at any time through your MossyMedia client portal. Upon cancellation:

  • Service will continue through the end of your current billing period
  • No refunds will be provided for the remaining period
  • Access to third-party tools will terminate at the end of the billing period

7.2 Termination by MossyMedia

We may terminate your subscription immediately for:

  • Violation of these Terms
  • Non-payment of fees
  • Violation of anti-spam laws or regulations
  • Misuse of third-party tools
  • Unprofessional conduct toward journalists or our team

7.3 Data Export Upon Termination

Upon termination, we will provide you with an Excel file containing contact information for all journalists who responded to our pitches on your behalf. We retain your data for 30 days after termination, after which it will be permanently deleted.

8. Service Limitations and Disclaimers

8.1 No Guarantees

MossyMedia operates on a best efforts basis. We do not guarantee:

  • Media coverage or article publication
  • Response rates from journalists
  • Interview bookings
  • Positive media coverage
  • Specific performance metrics

8.2 Service Performance

We guarantee to:

  • Create up to 6 media pitches per client
  • Send up to 120 targeted journalist pitches per day (subject to available journalist pool)
  • Provide access to required third-party tools
  • Offer training on tool usage

8.3 Service Interruptions

In the event of service downtime due to our systems, we will provide service credits equivalent to the downtime period (e.g., 2 days of downtime = 2 days added to your subscription).

9. Intellectual Property

9.1 MossyMedia Content

MossyMedia owns all rights to:

  • Media pitches created for your business
  • Our proprietary methodologies and processes
  • The MossyMedia platform and technology

9.2 Client Content

You retain ownership of your business information, logos, and materials provided to us.

9.3 Testimonials and Success Stories

You grant MossyMedia the right to use your business name, logo, and success stories in our marketing materials and case studies.

10. Mutual Indemnification

10.1 Client Indemnification

You agree to defend, indemnify, and hold harmless MossyMedia from any claims, damages, or expenses arising from:

  • Your violation of these Terms
  • Your violation of anti-spam or data protection laws
  • Your misuse of third-party tools
  • Inaccurate information you provide
  • Your communications with journalists
  • Your use of AI-generated content in journalist communications

10.2 MossyMedia Indemnification

MossyMedia agrees to defend, indemnify, and hold you harmless from any claims, damages, or expenses arising from:

  • Our negligent performance of the Service
  • Our violation of applicable laws in providing the Service
  • Unauthorized disclosure of your confidential information

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

11.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” MOSSYMEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11.2 Limitation of Damages

MOSSYMEDIA’S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

11.3 Exclusion of Damages

MOSSYMEDIA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION.

12. Dispute Resolution and Arbitration

12.1 Governing Law

These Terms are governed by the laws of British Columbia, Canada, without regard to conflict of law principles.

12.2 Binding Arbitration

Any disputes arising from these Terms or the Service will be resolved through binding arbitration administered by the British Columbia International Commercial Arbitration Centre (BCICAC) in accordance with their Commercial Arbitration Rules.

12.3 Class Action Waiver

You agree that disputes will be resolved on an individual basis only. You waive any right to participate in class actions, representative actions, or collective arbitration.

12.4 Informal Resolution

Before initiating arbitration, both parties agree to attempt informal resolution through good faith negotiations for 30 days.

13. Privacy and Data Protection

13.1 Data Collection

We collect only the information necessary to provide our Service, including business information, contact details, and communication preferences.

13.2 Data Use

Your information is used solely to:

  • Provide the Service
  • Create media pitches
  • Facilitate journalist communications
  • Manage your account

13.3 Data Security

We implement reasonable security measures to protect your information, but cannot guarantee absolute security.

14. Force Majeure

Neither party will be liable for delays or failures in performance due to circumstances beyond their reasonable control, including natural disasters, government actions, internet outages, or third-party service interruptions.

15. Modifications

We may update these Terms at any time. We will notify you of material changes via email or through your client portal. Continued use of the Service after changes constitutes acceptance of the updated Terms.

16. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.

17. Assignment

You may not assign your rights under these Terms without our written consent. We may assign our rights and obligations to any successor entity.

18. Entire Agreement

These Terms constitute the entire agreement between you and MossyMedia regarding the Service and supersede all prior agreements and understandings.

19. Contact Information

For questions about these Terms or the Service, contact us at: Email: se*****@********ia.ai Address: MossyMedia Communications Inc. 1100-1200 West 73rd Ave., Vancouver, BC Canada V6P 6G5.

20. Acknowledgment

By using the MossyMedia Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

MossyMedia Communications Inc.
British Columbia, Canada

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