Terms of Service

Effective Date: January 2025

1. Introduction

Welcome to Mannekin Inc (“Mannekin Inc,” “we,” “us,” or “our”). These Terms of Service (“ToS” or “Agreement”) govern your access to and use of our services, including business coaching, membership programs, event space management tools, booking automation, and AI-assisted analytics (collectively, the “Services”).

By accessing or using our Services, you (“User,” “Client,” “Member,” or “you”) agree to be bound by these ToS and our Privacy Policy, which is incorporated by reference. If you do not agree to these ToS, you must discontinue your use of the Services immediately.

This Agreement forms a legally binding contract between you and Mannekin Inc, a New York limited liability company with its principal mailing address at 190 Milford St., Brooklyn, NY 11208, United States. Please read these ToS carefully. By accepting these ToS, you also acknowledge and accept the Arbitration Agreement contained in Section 13, which waives your right to a jury trial and to participate in class actions.

2. Definitions

“Account” – The profile you create when registering to use our Services.
“Content” – All text, data, images, graphics, and other materials made available through the Services.
“Data” – Any information, including Personal Data, provided or collected through your use of the Services.
“Personal Data” – Information relating to an identified or identifiable individual, as defined under applicable privacy laws.
“Sales Kick” – A subcontractor platform used by Mannekin Inc for processing and enriching your data under our direction and control.
“Third-Party Services” – Any products or services provided by entities other than Mannekin Inc and made available through our platform.
“Agreement” – These ToS and all incorporated policies, addenda, and supplemental terms.

3. Acceptance of Terms

By using our Services, you confirm that you are at least 18 years old and legally capable of entering into binding agreements. If you are acting on behalf of a business entity, you represent that you have authority to bind that entity to these ToS.

These Services are provided for business and commercial purposes only. You acknowledge that this Agreement constitutes a business-to-business contract and not a consumer transaction.

4. Modification of Terms

Mannekin Inc reserves the right to modify, update, or change these ToS at any time. Revised versions will be posted on our website with an updated “Effective Date.” Continued use of the Services after any modifications constitutes acceptance of the new terms. If you do not agree, you must stop using the Services.

5. Services Overview

a. Description of Services
Mannekin Inc provides business coaching, digital management tools, membership programs, booking automation, and AI-based event analytics to event space owners and related professionals.

b. Subcontractors
We may use Sales Kick and other subcontractors to assist in data processing, enrichment, and platform support. These entities operate solely under our direction and are not parties to this Agreement.

c. Availability
While we strive for uninterrupted service, Mannekin Inc does not guarantee continuous or error-free operation. We may modify or suspend portions of the Services without notice.

6. User Obligations and Conduct

You agree to:

Provide accurate and current information when registering.

Keep your Account credentials secure.

Comply with all applicable laws, including data protection and intellectual property regulations.

You may not:

Use the Services for illegal or unauthorized purposes.

Interfere with system operations or access the platform using automated tools.

Transmit viruses, malware, or harmful code.

Impersonate others or misrepresent affiliations.

Violation of these obligations may result in suspension or termination of access.

7. Fees, Payments, and Refunds

a. Payment Obligations
You agree to pay all fees according to your applicable Program or Membership Agreement. Payment plans are financing options; the full balance remains due.

b. Automatic Renewal
Memberships renew automatically unless cancelled before the renewal date.

c. No Refund Policy
All fees are non-refundable except as expressly provided in your Program Agreement or required by law. Mannekin Inc offers a 24-hour refund window after purchase.

d. Chargebacks
Unauthorized chargebacks constitute a breach of contract. Mannekin Inc reserves the right to recover damages and report fraudulent activity to relevant authorities or processors.

8. Data Privacy and User Consent

a. Collection and Use
We collect Personal Data necessary to deliver our Services. Your data may be enriched or analyzed through Sales Kick under our control to improve accuracy and performance.

b. Consent
By using our Services, you consent to:

The collection, processing, and sharing of your data per our Privacy Policy.

The use of your data for improving and customizing the Services.

c. Disclosure
We may share data with subcontractors and service providers bound by confidentiality. Disclosure may also occur as required by law.

d. Security
We implement reasonable security measures to protect your data, but no system is completely secure. You are responsible for safeguarding your access credentials and devices.

9. Intellectual Property Rights

All intellectual property in the Services—including frameworks, software, and content—is owned by Mannekin Inc or its licensors. You receive a limited, non-transferable license for internal business use.

Unauthorized copying, resale, or distribution is prohibited. You retain ownership of any original materials you submit but grant Mannekin Inc a limited right to use such materials solely for service delivery.

10. Disclaimers and Limitation of Liability

The Services are provided “as is” and “as available.” Mannekin Inc disclaims all warranties, including merchantability, fitness for a particular purpose, and non-infringement.

To the fullest extent permitted by law, Mannekin Inc's total liability shall not exceed the fees paid by you in the 12 months preceding the claim. We are not liable for indirect, incidental, special, or consequential damages.

11. Indemnification

You agree to indemnify and hold harmless Mannekin Inc, its affiliates, officers, employees, and partners from any claim or demand (including legal fees) arising from:

Your use of the Services,

Violation of these ToS,

Breach of applicable laws, or

Infringement of third-party rights.

12. Termination

a. By You: You may terminate your account at any time by ceasing to use the Services.
b. By Us: We may suspend or terminate access for any reason, including violation of these ToS.
c. Effects: Upon termination, your license to use the Services ceases immediately. Obligations related to confidentiality, indemnity, and liability limitations shall survive.

13. Dispute Resolution and Governing Law

a. Governing Law
These ToS and any disputes arising from them shall be governed by the Federal Arbitration Act (FAA) and, to the extent not pre-empted, the laws of the State of New York, without regard to conflicts of law.

b. Arbitration Agreement
You and Mannekin Inc agree that all disputes shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

The arbitration shall be conducted before a single arbitrator in New York City, New York, unless the parties agree otherwise. Hearings may be conducted remotely at our discretion.

Each party shall initially bear its own costs. The prevailing party may recover reasonable attorney’s fees and arbitration expenses.

All arbitration proceedings, filings, and awards are confidential except as required for enforcement or by law.

Class actions and representative proceedings are not permitted. If this waiver is deemed unenforceable, the entire arbitration clause shall be void, and disputes will be resolved exclusively in New York state or federal courts.

14. Miscellaneous

a. Entire Agreement: These ToS, together with all incorporated policies, constitute the complete agreement between you and Mannekin Inc.
b. Severability: If any provision is found invalid, the remainder remains enforceable.
c. Waiver: Failure to enforce any provision does not waive the right to enforce it later.
d. Assignment: You may not assign rights under this Agreement without our written consent.
e. Force Majeure: Mannekin Inc is not liable for delays or failures caused by events beyond reasonable control, including natural disasters, cyberattacks, or government restrictions.
f. Headings: Section titles are for convenience only.

15. Contact Information

Mannekin Inc
190 Milford St.
Brooklyn, NY 11208
United States
📧 Email: [email protected]