Terms of Use.
Last updated 3 October 2026
AGREEMENT TO OUR LEGAL TERMS
We are badmatcha, Inc. ("Company," "we," "us," "our").
We operate https://trybadmatcha.com, the Splash Test, and the badmatcha client portal, as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
You can contact us by email at hello@trybadmatcha.com.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and badmatcha, Inc., concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about changes by updating the "Last updated" date and, for active paying clients, by email.
1. Our Services
badmatcha provides digital marketing services delivered through:
- Splash Test: a free, no-account website/marketing diagnostic.
- Watchdog: a $499/month continuous-monitoring subscription.
- Audit: a $4,999 one-time marketing audit engagement.
- Retainer pods: The Launch Pad, Growth Engine, B2B Pipeline and Brand Blowup. We scope and price each pod for your business. You ask for it through our contact or order form, and we agree a fixed price with you in writing before work starts, so you know the full cost first. Enterprise Operator: sales-assisted, custom scope and pricing per signed order form.
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2. Intellectual Property Rights
Our intellectual property. We are the owner or licensee of all intellectual property rights in the Services themselves: source code, the portal, the dashboard, website design, and the badmatcha name and marks (the "Marks"). This section governs the platform; ownership of what we produce for a client is governed separately by Section 5b below.
Your use of our Services. Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable licence to access the Services and the client portal for your own business's internal use.
3. User Representations
By using the Services, you represent and warrant that: (1) you have the legal capacity to agree to these Legal Terms, and, if agreeing on behalf of a company, authority to bind it; (2) you will not access the Services through automated or non-human means; (3) you will not use the Services for any illegal or unauthorized purpose; and (4) your use of the Services will not violate any applicable law or regulation, including in connection with any advertising accounts, data, or funds you connect to or route through the Services.
4. Prohibited Activities
You agree not to: circumvent or interfere with the Services' security features; use the Services to violate any law; misuse the client portal, connected-account credentials, or any deliverable outside the scope of your engagement; attempt to reverse-engineer any part of the Services; or use the Services to compete with badmatcha.
5. Fees, Billing & Cancellation
Fees. Fees for Watchdog and Audit are as stated at checkout. Fees for each retainer pod are as agreed in your signed order form. All fees are in USD, billed via Stripe.
No refunds. All fees are non-refundable once a billing period or engagement has started, including for partial months, unused portions of a subscription, or work already begun on an Audit.
Auto-renewal. Monthly subscriptions (Watchdog and the retainer pods) automatically renew each billing cycle until cancelled: Watchdog at the then-current price, and each retainer pod at the price in its signed order form.
Cancellation. You may cancel a Watchdog subscription at any time through the client portal. To cancel a retainer pod, email us at hello@trybadmatcha.com. Cancellation takes effect at the end of the then-current billing period, and you retain access until then. No refund is issued for the remainder of a billing period already paid. An Audit already in progress at the time of cancellation is completed and invoiced in full.
Non-payment. We may suspend or terminate the Services for non-payment, without liability to you for any resulting loss of access to deliverables or connected-account functionality.
5a. Connected Third-Party Accounts
To deliver Watchdog, Audit, or a retainer pod, badmatcha may request access to your advertising and marketing accounts, including Meta Ads, Google Ads, Google Analytics (GA4), Google Search Console, TikTok, LinkedIn, and Salesforce, and may communicate with you via WhatsApp Business. You control which accounts are connected via the client portal, and may disconnect at any time; disconnecting may limit or stop delivery of the affected Service. Access scopes are as described in-product at the time of connection.
Handling of personal data collected through connected accounts is governed by our Privacy Policy.
5b. Deliverables & AI-Generated Content
Client deliverables. Reports, creative assets, and other materials badmatcha produces specifically for you as part of a paid engagement are yours to use for your own business upon full payment.
AI-generated content. Some deliverables (images, video, or copy) may be produced with the assistance of AI tools.
6. Contribution License
By directly sending us any question, comment, suggestion, feedback, or other information about the Services ("Submissions"), you agree we may use it without compensation or attribution to you. We do not assert ownership over your own business data or brand assets that you upload for us to use in delivering a Service to you, those remain yours, governed by Section 5b above.
7. Services Management
We reserve the right, but not the obligation, to: monitor the Services for violations of these Legal Terms; take appropriate legal action against anyone who violates the law or these Legal Terms; and otherwise manage the Services to protect our rights and the integrity of the platform.
8. Term and Termination
These Legal Terms remain in effect while you use the Services. We may suspend or terminate your access for breach of these Legal Terms, non-payment (see Section 5), or misuse of a connected third-party account. Termination does not entitle you to a refund (Section 5).
9. Modifications and Interruptions
We may change, modify, or discontinue any part of the Services at any time. We cannot guarantee the Services will be available at all times due to hardware, software, or maintenance issues, and will not be liable for any resulting loss or inconvenience.
10. Governing Law
These Legal Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles.
11. Dispute Resolution
Any dispute arising out of or relating to these Legal Terms will be resolved exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of those courts.
12. Corrections
There may be errors, inaccuracies, or omissions on the Services, including pricing. We reserve the right to correct these and to update information at any time without notice.
13. Disclaimer
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR GUARANTEE ANY SPECIFIC MARKETING RESULT, AD PERFORMANCE, OR REVENUE OUTCOME FROM USE OF THE SERVICES.
14. Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT OR LOST REVENUE, ARISING FROM YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE TOTAL FEES YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
15. Indemnification
You agree to defend, indemnify, and hold us harmless from any claim arising out of: your use of the Services; your breach of these Legal Terms; or your violation of a third party's rights, including in connection with any account you connect to the Services.
16. User Data
We will maintain certain data you transmit to the Services to manage performance of the Services, including data from connected third-party accounts (Section 5a). Although we perform routine backups, you are responsible for data you transmit, and we have no liability for loss or corruption of such data beyond our routine backup practice.
17. Electronic Communications, Transactions, and Signatures
Visiting the Services, sending us emails or WhatsApp messages, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that electronic agreements, notices, and records satisfy any legal requirement that such communication be in writing.
18. Miscellaneous
These Legal Terms constitute the entire agreement between you and us regarding the Services (except where a separately signed order form or MSA governs a paid engagement, in which case that document controls for that engagement). If any provision is found unenforceable, the rest remains in effect. No joint venture, partnership, employment, or agency relationship is created by these Legal Terms.