These Terms of Service ("Terms") govern your access to and use of the Mythic Text API service ("Service") provided by Beyond All The Noise LP ("Company," "we," "us," or "our"). By accessing or using our Service, you ("User," "you," or "your") agree to be bound by these Terms.
1. Acceptance of Terms
By accessing, downloading, installing, or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.
These Terms constitute a legally binding agreement between you and Beyond All The Noise LP. Your use of the Service is also subject to our Privacy Policy, which is incorporated herein by reference.
2. Service Description
Mythic Text is an API service that converts markdown content into various email formats and other output types. The Service includes:
- Markdown to email conversion API
- Content formatting and transformation tools
- Third-party integrations (Zapier, webhooks, etc.)
- Documentation and support resources
- User dashboard and account management
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, and without liability to you or any third party.
3. Eligibility and Registration
3.1 Age and Capacity
You must be at least 18 years old and have the legal capacity to enter into binding agreements. If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.
3.2 Registration Requirements
To access certain features of the Service, you must create an account by providing accurate, current, and complete information. You agree to:
- Provide truthful and accurate registration information
- Maintain and update your account information
- Keep your login credentials secure and confidential
- Notify us immediately of any unauthorized access
- Accept responsibility for all activities under your account
3.3 Prohibited Users
You may not use the Service if you:
- Are located in a country subject to U.S. trade sanctions
- Are on any U.S. government restricted parties list
- Have been previously suspended or banned from the Service
- Are a competitor seeking to access the Service for competitive purposes
4. Account Responsibilities
4.1 Account Security
You are solely responsible for maintaining the security of your account and all activities that occur under your account. You must:
- Use strong, unique passwords and enable two-factor authentication when available
- Monitor your account for unauthorized activity
- Immediately notify us of any security breaches or unauthorized use
- Log out of your account when using shared or public computers
4.2 Account Information
You agree to provide and maintain accurate, current account information, including billing details. False or misleading information may result in account suspension or termination.
5. Acceptable Use Policy
5.1 Permitted Uses
You may use the Service only for lawful purposes and in accordance with these Terms. Acceptable uses include:
- Converting markdown content for legitimate business communications
- Integrating the API into your applications for lawful purposes
- Using the Service for personal, educational, or commercial projects
- Accessing the Service through supported interfaces and methods
5.2 Prohibited Activities
You agree not to engage in any of the following prohibited activities:
5.2.1 Illegal Activities
- Using the Service for any illegal purpose or in violation of applicable laws
- Generating content that promotes illegal activities
- Violating intellectual property rights of others
- Transmitting malware, viruses, or other harmful code
5.2.2 Abuse and Misuse
- Attempting to reverse engineer, decompile, or disassemble the Service
- Circumventing or attempting to circumvent rate limits or usage restrictions
- Using automated systems to abuse or overload our infrastructure
- Creating multiple accounts to evade restrictions
- Reselling or redistributing the Service without authorization
5.2.3 Harmful Content
- Generating spam, unsolicited marketing, or phishing content
- Creating content that is defamatory, harassing, or threatening
- Producing content that violates privacy rights of others
- Generating misleading or fraudulent content
5.2.4 Security Violations
- Attempting to gain unauthorized access to our systems
- Probing, scanning, or testing system vulnerabilities
- Interfering with the proper functioning of the Service
- Bypassing security measures or authentication systems
6. API Usage and Limitations
6.1 Rate Limits and Quotas
Your use of the API is subject to rate limits and usage quotas based on your subscription plan:
- Free Tier: 1,000 API calls per month, 100 calls per hour
- Pro Tier: 25,000 API calls per month, 1,000 calls per hour
- Enterprise Tier: Custom limits based on agreement
6.2 API Restrictions
When using our API, you agree to:
- Implement proper error handling and retry logic
- Cache responses appropriately to minimize unnecessary calls
- Use efficient query patterns and avoid excessive polling
- Implement authentication and security best practices
- Monitor and respect rate limit headers
6.3 API Changes
We reserve the right to modify API functionality, endpoints, or requirements with reasonable notice. We will provide backward compatibility when feasible and migration assistance for breaking changes.
7. Payment Terms
7.1 Subscription Plans
The Service is offered through various subscription plans with different features and usage limits. By subscribing, you agree to pay all applicable fees.
7.2 Billing and Payment
- Billing Cycle: Fees are billed monthly or annually based on your chosen plan
- Payment Methods: We accept major credit cards and other payment methods as available
- Currency: All fees are charged in U.S. Dollars unless otherwise specified
- Taxes: You are responsible for all applicable taxes
- Late Payment: Overdue accounts may be suspended or terminated
7.3 Refunds and Cancellation
- Cancellation: You may cancel your subscription at any time
- Effective Date: Cancellations take effect at the end of the current billing period
- Refunds: No refunds for partial periods, except as required by law
- Free Trial: Free trial accounts may be converted to paid plans
7.4 Price Changes
We reserve the right to change pricing with 30 days' notice. Price changes will take effect at your next billing cycle. Continued use constitutes acceptance of new pricing.
8. Intellectual Property Rights
8.1 Our Intellectual Property
The Service and all intellectual property rights therein are owned by Beyond All The Noise LP. This includes:
- Software code, algorithms, and technology
- Trademarks, service marks, and logos
- Documentation, content, and materials
- Trade secrets and proprietary information
No license or right is granted to you except as expressly set forth in these Terms.
8.2 Limited License Grant
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:
- Access and use the Service for your internal business purposes
- Integrate the API into your applications
- Use our documentation solely in connection with your use of the Service
8.3 Restrictions on Use
You may not:
- Copy, modify, or create derivative works of the Service
- Reverse engineer, decompile, or disassemble any part of the Service
- Remove or obscure any proprietary notices
- Use our trademarks without written permission
- Sublicense, sell, or distribute the Service
8.4 Third-Party Rights
The Service may include third-party software or content. Your use of such materials is subject to their respective licenses and terms.
9. User Content and Data
9.1 Ownership of User Content
You retain ownership of all content, data, and materials you submit to the Service ("User Content"). You grant us a limited license to process User Content solely to provide the Service.
9.2 License to Process
By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to:
- Process and convert your content as requested
- Store content temporarily for processing purposes
- Use aggregated, anonymized data for service improvement
- Comply with legal obligations and enforce these Terms
9.3 Content Responsibilities
You are solely responsible for your User Content and warrant that:
- You have all necessary rights to submit the content
- The content does not violate any laws or third-party rights
- The content does not contain malware or harmful code
- You have obtained necessary permissions for any personal data included
9.4 Content Removal
We reserve the right to remove or refuse to process any User Content that violates these Terms or applicable law, without prior notice.
10. Third-Party Integrations
10.1 Integration Services
The Service may integrate with third-party platforms such as Zapier, webhooks, and other automation tools. These integrations are subject to the third party's terms of service.
10.2 Third-Party Disclaimers
We do not control third-party services and are not responsible for:
- The availability, functionality, or security of third-party services
- Data handling practices of third-party providers
- Changes to third-party APIs or integrations
- Costs associated with third-party services
10.3 Integration Risks
You acknowledge that using third-party integrations may:
- Expose your data to additional privacy and security risks
- Result in service interruptions or data loss
- Require additional agreements with third parties
- Affect the performance of our Service
11. Privacy and Data Protection
Your privacy is important to us. Our collection, use, and protection of your information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
By using the Service, you consent to our data practices as described in the Privacy Policy and agree that we may process your information in accordance with applicable privacy laws.
12. Disclaimers and Warranties
12.1 "AS IS" Disclaimer
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING:
- Merchantability, fitness for a particular purpose, and non-infringement
- Accuracy, reliability, or completeness of the Service
- Uninterrupted or error-free operation
- Security or virus-free operation
- Compatibility with your systems or software
12.2 Service Availability
We strive to maintain high service availability but do not guarantee uninterrupted access. The Service may be unavailable due to:
- Scheduled maintenance and updates
- Network or infrastructure issues
- Third-party service dependencies
- Force majeure events
- Security incidents or attacks
12.3 Results Disclaimer
We do not warrant that:
- The Service will meet your specific requirements
- Converted content will be error-free or perfectly formatted
- The Service will be compatible with all email clients
- Your use of the Service will achieve particular business results
13. Limitation of Liability
13.1 Maximum Liability Cap
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. FOR FREE ACCOUNTS, OUR MAXIMUM LIABILITY SHALL NOT EXCEED $100.
13.2 Exclusion of Damages
IN NO EVENT SHALL WE BE LIABLE FOR ANY:
- Indirect, incidental, special, consequential, or punitive damages
- Lost profits, revenue, data, or business opportunities
- Business interruption or loss of goodwill
- Cost of substitute services or technology
- Damages arising from third-party integrations
- Damages due to your violation of these Terms
These limitations apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.
13.3 Basis of the Bargain
You acknowledge that these liability limitations are an essential element of the agreement between the parties and that we would not provide the Service without these limitations.
14. Indemnification
14.1 Your Indemnification Obligations
You agree to indemnify, defend, and hold harmless Beyond All The Noise LP, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
- Your use of the Service in violation of these Terms
- Your User Content or data submitted to the Service
- Your violation of any applicable laws or regulations
- Your infringement of third-party intellectual property rights
- Your negligent or wrongful conduct
- Claims arising from your end users' use of applications that integrate our Service
14.2 Defense Procedures
We will notify you of any claim subject to indemnification and allow you to control the defense, provided that:
- You use counsel reasonably acceptable to us
- We may participate in the defense at our own expense
- You may not settle any claim without our prior written consent
- We reserve the right to assume defense if you fail to defend diligently
15. Termination
15.1 Termination by You
You may terminate your account at any time by:
- Canceling your subscription through the user dashboard
- Contacting our support team
- Ceasing all use of the Service
15.2 Termination by Us
We may suspend or terminate your access to the Service immediately and without notice if:
- You violate these Terms or our policies
- Your account becomes delinquent on payment obligations
- We reasonably believe your account poses a security risk
- You engage in fraudulent, abusive, or illegal activities
- We are required to do so by law or court order
15.3 Effects of Termination
Upon termination:
- Your right to access and use the Service will cease immediately
- We may delete your account and associated data
- All outstanding payment obligations remain due
- Provisions that by their nature should survive will remain in effect
15.4 Data Export
Before termination, you may export your data using available tools. After termination, we may retain data as required by law or for legitimate business purposes.
16. Export Controls
16.1 Export Compliance
The Service may be subject to U.S. export control laws and regulations. You agree to comply with all applicable export laws and regulations, including:
- Export Administration Regulations (EAR)
- International Traffic in Arms Regulations (ITAR)
- Office of Foreign Assets Control (OFAC) sanctions
- Other applicable trade control laws
16.2 Prohibited Destinations
You represent that you are not located in, and will not use the Service in, any country subject to U.S. trade sanctions or export restrictions.
16.3 End-User Restrictions
You will not provide access to the Service to any person or entity on U.S. government restricted parties lists.
17. Force Majeure
Neither party shall be liable for any failure to perform due to causes beyond their reasonable control, including:
- Natural disasters, acts of God, or severe weather
- War, terrorism, civil unrest, or government actions
- Labor disputes, strikes, or work stoppages
- Internet outages, cyber attacks, or infrastructure failures
- Pandemic, epidemic, or public health emergencies
- Supplier failures or material shortages
The affected party must notify the other party promptly and use reasonable efforts to mitigate the impact.
18. Dispute Resolution
18.1 Mandatory Arbitration
YOU AND BEYOND ALL THE NOISE LP AGREE THAT ANY DISPUTE ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE WILL BE RESOLVED THROUGH BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT AS PROVIDED BELOW.
18.2 Arbitration Procedures
- Administrator: American Arbitration Association (AAA)
- Rules: AAA Commercial Arbitration Rules
- Location: Miami-Dade County, Florida
- Language: English
- Arbitrator: Single arbitrator selected according to AAA rules
18.3 Class Action Waiver
YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
18.4 Exceptions to Arbitration
Either party may seek relief in court for:
- Intellectual property infringement claims
- Small claims court matters (under jurisdictional limits)
- Injunctive relief to prevent irreparable harm
- Enforcement of arbitration awards
18.5 30-Day Right to Opt Out
You may opt out of arbitration by sending written notice within 30 days of first accepting these Terms. Include your name, address, and a clear statement of your intent to opt out.
19. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles. Any court proceedings (for exceptions to arbitration) shall be conducted in Miami-Dade County, Florida.
20. Modifications to Terms
20.1 Right to Modify
We reserve the right to modify these Terms at any time. We will provide notice of material changes by:
- Updating the "Last Updated" date
- Sending email notifications to registered users
- Posting prominent notices on our website
- Requiring acceptance for significant changes
20.2 Effective Date
Changes take effect 30 days after notice, except for:
- Legal or regulatory compliance changes (immediate effect)
- Security-related changes (immediate effect)
- Changes that are beneficial to users (immediate effect)
20.3 Continued Use
Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms. If you do not agree to changes, you must stop using the Service.
21. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
22. Entire Agreement
These Terms, together with our Privacy Policy and any additional terms referenced herein, constitute the entire agreement between you and Beyond All The Noise LP regarding the Service and supersede all prior agreements and understandings.
These Terms of Service are effective as of January 1, 2025, and apply to all users of the Mythic Text service operated by Beyond All The Noise LP.