Last Updated: January 2025
Welcome to mDNA Digital (''mDNA,'' ''we,'' ''us,'' or ''our''). These Terms and Conditions (''Terms'') govern your use of our website at mdna.digital (the ''Site'') and our growth marketing and go-to-market (GTM) services (collectively, the ''Services'').
By accessing or using our Site or Services, you (''you,'' ''your,'' or ''Client'') agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Site or Services.
mDNA is a growth marketing and GTM execution company that provides modular, execution-ready marketing solutions including branding, account-based marketing (ABM), product marketing, performance marketing, and GenAI-powered marketing execution services.
We Provide The Following Primary Services:
Branding Services: Brand development and positioning
Account-Based Marketing (ABM): Targeted B2B marketing campaigns
Product Marketing: Product positioning, messaging, and launch strategies
Performance Marketing: Data-driven marketing campaigns optimized for conversion
GenAI-Powered Execution: AI-enhanced marketing automation and optimization
You agree to:
Provide accurate, complete, and timely information necessary for service delivery
Grant necessary access to your marketing platforms, analytics tools, and systems as required
Respond to requests for feedback and approvals within agreed timeframes
Maintain confidentiality of any proprietary methodologies or strategies shared by mDNA
You are responsible for providing accurate product information, brand guidelines, and marketing materials
You warrant that all content provided does not infringe on third-party rights
You grant mDNA permission to use your content for service delivery purposes
Specific service scope, deliverables, timelines, and pricing are outlined in individual project agreements or statements of work (SOW)
Any changes to agreed scope require written approval and may incur additional charges
Payment terms are specified in individual project agreements
Late payments may incur interest charges and may result in service suspension
All fees are non-refundable unless otherwise specified in writing
Either party may terminate services with written notice as specified in individual agreements
Client remains liable for all work completed and expenses incurred up to the termination date
mDNA retains ownership of all proprietary methodologies, frameworks, tools, and processes
Clients receive a non-exclusive license to use deliverables for their internal business purposes
mDNA reserves the right to use general knowledge and experience gained from projects for future engagements
Clients retain ownership of their existing intellectual property, trademarks, and brand assets
Clients grant mDNA a limited license to use their IP for service delivery purposes during the engagement period
Unless otherwise specified, deliverables created specifically for Client become Client property upon full payment
mDNA may retain and use anonymized data and insights for benchmarking and service improvement
Both parties agree to maintain confidentiality of:
Proprietary business information
Strategic plans and marketing data
Customer information and trade secrets
Any information marked as confidential
This obligation survives termination of services and continues for a period of three (3) years.
mDNA will provide services using professional best practices and industry standards
While we aim for optimal results, marketing outcomes depend on various factors beyond our control
We do not guarantee specific marketing results, lead volumes, or conversion rates
Performance projections are estimates based on historical data and industry benchmarks
External factors including market conditions, competition, and platform changes may affect results
Client agrees to indemnify and hold mDNA harmless from any claims, damages, or expenses arising from:
Client's use of deliverables or services
Infringement of third-party rights by Client-provided content
Client's violation of these Terms or applicable laws
Neither party shall be liable for delays or failures in performance due to circumstances beyond their reasonable control, including natural disasters, government actions, labor disputes, or technical failures.
Services may involve third-party marketing platforms (Google Ads, LinkedIn, HubSpot, etc.)
Client is responsible for compliance with third-party platform terms and policies
mDNA is not liable for platform policy changes or account suspensions
We use various analytics and tracking tools to measure campaign performance
Data collection and use are governed by our Privacy Policy
Client grants permission for necessary data access and tracking implementation
Both parties agree to comply with applicable laws and regulations
Client warrants that their business practices comply with relevant advertising and marketing regulations
mDNA follows industry best practices for data protection and marketing compliance
mDNA reserves the right to modify or discontinue services with reasonable notice
Significant changes will be communicated in writing with transition assistance provided
These Terms are governed by the laws of [State/Country where mDNA is incorporated], without regard to conflict of law principles.
Parties agree to first attempt resolution through good faith negotiation
If unresolved, disputes shall be settled through binding arbitration
Venue for any legal proceedings shall be [Location of mDNA's principal office]
These Terms, together with individual project agreements, constitute the entire agreement between the parties and supersede all prior communications and agreements.
These Terms may be updated periodically
Material changes will be communicated via email or website notice
Continued use of services after changes constitutes acceptance
If any provision of these Terms is found unenforceable, the remaining provisions shall continue in full force and effect.
These Terms bind successors and assigns
mDNA may assign these Terms in connection with a merger, acquisition, or sale of assets
Client may not assign these Terms without written consent
For questions about these Terms or our services, please contact us at:
mDNA Digital
Email: [legal@mdna.digital]
Website: https://mdna.digital
By using our Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.