Terms of service

Last updated: 13 August 2025

These Terms of Service (“Terms of Service”) constitute a legally binding agreement between you (the “Client,” as defined in Section 1 below) and TrendMD LLC (“TrendMD”). This agreement exclusively governs the business relationship between TrendMD and Clients accessing or using TrendMD’s content promotion and recommendation services, including the installation or use of the TrendMD widget and related promotional tools (collectively, the “Services”).
Please note: These Terms of Service are separate and distinct from TrendMD’s Terms of Use, which govern interactions between TrendMD and individual users who visit or interact with TrendMD platforms solely as end-users or website visitors. These Terms of Service specifically apply to Clients utilizing the Services in a professional, organizational, or commercial capacity.
By installing the TrendMD widget, using or otherwise accessing the Services, you represent that you have read, understood, and agree to comply with and be legally bound by these Terms of Service. If you are using the Services on behalf of an organization or entity, you further represent and warrant that you have the requisite legal authority to bind that entity to these Terms of Service. If you do not agree to these Terms of Service, you must not access or use the Services.
TrendMD may modify these Terms of Service from time to time. If we make material changes, we will provide notice to you by email or through a prominent notice on our site or dashboard. The revised Terms of Service will be effective when posted unless stated otherwise. By continuing to use the Services after updates become effective, you accept the revised Terms of Service. If you do not agree to a change, you must stop using the Services and may terminate your account as described in Section 13.

1. Definitions

For the purposes of this agreement, the following capitalized terms have the meanings given below. Other terms may be defined in context within these Terms of Service.
TrendMD : TrendMD LLC, including its affiliates, employees, and agents.
Client: Any individual, organization, entity, or authorized representative thereof who has requested, registered for, or otherwise actively engaged TrendMD’s Services in a professional, commercial, or organizational capacity. For clarity, an individual or entity that has never requested or engaged TrendMD’s Services, or who interacts with TrendMD platforms or websites solely as an end-user or casual visitor for personal, informational, or other non-commercial purposes, is not considered a Client.
Services: The content discovery and promotion services provided by TrendMD to Clients as described in Section 2 below. This includes the TrendMD widget, the online dashboard, content recommendation and promotion features, and any related tools or services.
TrendMD Widget: TrendMD’s content recommendation widget—a piece of software that Clients and other TrendMD partners install on their websites to display recommended content links. The TrendMD Widget can show links to Client Content and third-party content.
TrendMD Software: The TrendMD Widget and any other proprietary software developed, owned, or licensed by TrendMD that is utilized to facilitate, deliver, or enhance the content promotion, recommendation, and analytics features of the Services.
TrendMD Network: The collection of websites and digital platforms that have installed the TrendMD Widget or otherwise participate in TrendMD’s content recommendation network. The TrendMD Network enables cross-promotion of content among participating sites.
Client Content: Any articles, blog posts, research papers, or other materials provided or designated by the Client for promotion or recommendation through the Services. This includes content titles, URLs, abstracts, summaries, images, and any associated metadata that the Client submits to TrendMD.
Third-Party Content: Content provided by parties other than the Client, which may be displayed via the Widget on the Client’s website or across the TrendMD Network. This can include other publishers’ or advertisers’ content promoted through TrendMD.
Content Promotion: The Services feature that allows Client Content to be distributed and recommended on third-party sites via the TrendMD Network. Content Promotion may occur through a credit-based exchange of traffic or via paid placement.
Campaign: A content promotion campaign set up by the Client through the TrendMD dashboard. A Campaign defines which Client Content to promote, the targeting or network placement, and associated budget or credit allocations.
Dashboard: The online interface provided by TrendMD where Clients can log in to manage their use of the Services. The Dashboard allows Clients to upload or select content for promotion, configure Campaigns, view performance metrics, manage their account details, and obtain or spend credits.
Traffic Credits: A unit of value within TrendMD’s platform used to measure and exchange traffic. Clients may earn Traffic Credits by hosting third-party content clicks on their sites and spend credits to get clicks to their own content. One Traffic Credit generally equals one click or visit delivered to Client Content. Credits may also be purchased with money, as described in these Terms of Service.
Content Guidelines: TrendMD’s content standards and guidelines that all Client Content must adhere to. These guidelines outline what content is acceptable for promotion (e.g., scholarly or high-quality content) and what content is prohibited (e.g., offensive or misleading material). The Content Guidelines are incorporated into these Terms of Service by reference.
Day: A calendar day, unless explicitly stated otherwise in these Terms of Service.
Note: Additional terms may be defined elsewhere in these Terms of Service. Defined terms have the same meaning whether singular or plural.

2. Description of Services

2.1 Content Promotion and Recommendation

Content Promotion and Recommendation Services refer to any services provided by TrendMD aimed at promoting and enhancing the visibility of Client Content across the TrendMD Network through the utilization of TrendMD Software or otherwise. By engaging these Services, Client Content may appear as recommended or sponsored content on third-party websites and platforms within the TrendMD Network. Likewise, the Client’s own website or platform may display recommended Third-Party Content, enabling participation in a reciprocal traffic exchange system facilitated by Traffic Credits, as detailed below.
Traffic Exchange Model
Clients earn Traffic Credits by displaying the TrendMD Widget on their websites and generating clicks on Third-Party Content. Clients may subsequently use these Traffic Credits to promote their own content across other websites within the TrendMD Network. TrendMD does not guarantee the placement of Client Content on specific sites nor does it guarantee relevance or performance outcomes from Third-Party Content recommended on the Client’s website.
Paid Promotion Option
Clients may also purchase additional Traffic Credits or directly pay for targeted content promotion campaigns via the Dashboard. Campaigns can be configured based on budgets, impressions, clicks, or specific audience targeting parameters. Although TrendMD employs commercially reasonable efforts to achieve the campaign objectives set by the Client, TrendMD makes no guarantees regarding specific outcomes, including the number of clicks, impressions, conversions, or audience engagement metrics.

2.2 License to Use TrendMD Widget

TrendMD grants the Client a limited, non-exclusive, non-transferable license to install and use the TrendMD Widget solely on websites or digital platforms owned, operated, or controlled by the Client, and exclusively for purposes related to the Services. Clients must install and implement the Widget in accordance with all instructions provided by TrendMD and must not modify the TrendMD Widget without TrendMD’s prior written consent. This license does not permit redistribution, sublicensing, resale, or unauthorized transfer of the Widget or associated technology.

2.3 TrendMD Dashboard and Campaign Management

TrendMD provides Clients with an online Dashboard allowing them to manage their use of the Services. Clients can use the Dashboard to:
Upload, designate, or manage Client Content for promotion.
Configure, adjust, pause, or terminate Campaigns.
Track and monitor Campaign performance and analytics (e.g., clicks, impressions, traffic data).
Purchase or allocate Traffic Credits.
Update account information and settings.
Clients acknowledge and agree that the Dashboard is an integral component of the Services, and Clients must utilize the Dashboard in compliance with all applicable TrendMD instructions and guidelines.

2.4 Approval and Removal of Content

TrendMD reserves the right, at its sole discretion, to approve, reject, suspend, or remove any Client Content submitted for promotion. All Client Content must comply with TrendMD’s Content Guidelines and applicable laws. TrendMD is under no obligation to provide a specific rationale for content rejection or removal; however, TrendMD may, at its discretion, offer feedback or an opportunity for the Client to revise and resubmit content for reconsideration.

2.5 Modifications and Updates to Services

TrendMD reserves the right to modify, update, enhance, or discontinue any aspect of the Services at any time, including but not limited to updates to the TrendMD Widget, Dashboard, or algorithms governing content recommendations. Clients will be notified of significant changes that materially affect their use of the Services through email or prominent notifications within the Dashboard. Continued use of the Services following such notice indicates the Client’s acceptance of those modifications or updates. If the Client disagrees with any modification, they may terminate their use of the Services as outlined in these Terms of Service.

3. Client Responsibilities

As a Client accessing and using TrendMD’s Services, you agree to fulfill the following responsibilities:

3.1 Proper Use and Compliance

The Client agrees to access and utilize the Services solely for lawful, authorized purposes consistent with these Terms of Service and TrendMD’s Content Guidelines. The Client must ensure that all Client Content submitted for promotion is accurate, lawful, and adheres to applicable regulations and industry standards. Clients must also clearly disclose any sponsored, promotional, or advertorial nature of their content in accordance with applicable advertising standards (e.g., FTC guidelines for endorsements and sponsored content).

3.2 Security and Account Management

The Client is responsible for maintaining accurate registration information and ensuring the security and confidentiality of account credentials (username and password). The Client shall promptly notify TrendMD of any unauthorized access or suspected security breaches affecting their TrendMD account. Clients bear full responsibility for all activity conducted through their account, including actions taken by employees, contractors, affiliates, or other authorized representatives.

3.3 Restrictions on Redistribution and Access

The license to use the TrendMD Widget and Services is granted exclusively to the Client. The Client may not resell, lease, sublicense, transfer, redistribute, or otherwise provide access to the Services or Widget to any third party, except for service providers under a confidentiality obligation assisting the Client in connection with the Services. Any unauthorized sharing or distribution of the TrendMD Widget or proprietary tools outside of the Client’s direct control or authorized agents is strictly prohibited.

3.4 Cooperation and Integration Efforts

Clients agree to cooperate fully with TrendMD to ensure proper implementation and operation of the Services. This includes, without limitation:
Installing and updating the Widget promptly in accordance with TrendMD’s provided technical instructions.
Adjusting website or platform configurations, as reasonably requested by TrendMD, to ensure compatibility and optimal functionality.
Promptly providing TrendMD with accurate information necessary for successful campaign setup, execution, or performance tracking.

3.5 Legal Notices and End-User Consent

Clients bear sole responsibility for providing any required disclosures or notices to end-users visiting their websites regarding their use of TrendMD’s Services, including any notices or consent required by applicable privacy laws (such as GDPR or CCPA), data protection regulations, cookie usage policies, or similar legislation. TrendMD will offer reasonable assistance or guidance upon request but is not responsible for Clients’ compliance with these obligations.

3.6 Content Backup and Data Retention

The Client acknowledges and agrees that TrendMD is not responsible for long-term archiving or storage of Client Content or related data. The Client is solely responsible for maintaining independent backups and records of any content or data submitted to TrendMD. TrendMD shall not be liable for any loss of data resulting from Client’s failure to maintain adequate backup measures.

3.7 Professional Conduct and Non-Interference

The Client agrees to use the Services in good faith and must not engage in any activities that negatively impact the quality, security, or integrity of the TrendMD Network. The Client must not intentionally interfere with, disrupt, or undermine TrendMD’s recommendation system or the experience of other Clients or users within the TrendMD Network.
Failure to comply with any of these Client responsibilities may result in suspension, restriction, or termination of the Client’s access to the Services as provided in these Terms of Service.

4. Prohibited Activities

To protect the integrity, security, and quality of TrendMD’s Services and the TrendMD Network, Clients agree not to engage in or permit any of the following prohibited activities:

4.1 Unauthorized Modification or Reverse Engineering

Clients shall not:
Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code or underlying algorithms of the TrendMD Software or any component of the Services.
Modify, alter, or create derivative works from the TrendMD Software.
Remove, obscure, or modify any branding, trademarks, attribution, or tracking components embedded within the TrendMD Widget or other TrendMD materials.

4.2 Interference and Manipulation

Clients shall not:
Attempt to disrupt, degrade, or interfere with the operation, security, or integrity of TrendMD’s Services or Network.
Engage in or enable artificially inflating or manipulating impressions, clicks, or any other traffic metrics through bots, scripts, manual tactics, or fraudulent methods.
Circumvent or bypass TrendMD’s security measures, content approval processes, or other protective mechanisms.

4.3 Distribution of Prohibited or Harmful Content

Clients shall not submit or promote content through TrendMD that is:
Illegal or unlawful: Violates any applicable laws or regulations, including content that facilitates illegal activities such as drug trafficking, illegal gambling, fraud, or scams.
Obscene or offensive: Pornographic, sexually explicit, excessively violent, defamatory, or promotes hate, discrimination, or harassment against individuals or groups based on race, ethnicity, religion, gender identity, sexual orientation, or other protected characteristics.
Misleading or deceptive: Contains false, misleading, deceptive, or fraudulent claims, misinformation, or “clickbait” headlines designed to mislead users.
Malicious or harmful: Contains or distributes malware, viruses, spyware, or any harmful code intended to damage or gain unauthorized access to users’ systems or data.
Infringing or competitive: Violates intellectual property rights of third parties or promotes products or services directly competitive with TrendMD’s Services in a manner that harms TrendMD’s reputation or business interests.

4.4 Non-compliance with Regulatory Obligations

Clients operating within regulated industries (e.g., pharmaceuticals, healthcare, finance) must not:
Violate applicable industry-specific regulations, standards, or guidelines when submitting or promoting content.
Fail to include legally required disclosures (such as FDA-mandated disclosures for pharmaceutical advertising or FTC-required disclosures for sponsored content).
Clients bear sole responsibility for ensuring compliance with applicable industry regulations and standards. TrendMD reserves the right, without obligation, to remove non-compliant content.

4.5 Abuse of Network and Service Limits

Clients shall not:
Attempt to “game” or manipulate TrendMD’s recommendation algorithms or credit-exchange systems.
Exceed established usage limits, such as API call limits or Dashboard access limits.
Scrape, harvest, or collect data from TrendMD’s Services or Network beyond permitted use or without TrendMD’s express written permission.

4.6 Unauthorized Distribution or Resale

Clients shall not resell, sublicense, redistribute, or grant unauthorized third-party access to TrendMD’s Services or proprietary tools (including the Widget) beyond authorized usage explicitly defined in these Terms of Service.

4.7 Consequences of Violations

TrendMD reserves the right, at its sole discretion, to remove, disable access to, or reject any Client Content or Campaign found in violation of these prohibitions. Violations may result in immediate suspension or termination of the Client’s account or Services access, as described in Section 13. TrendMD may notify Clients of content removal decisions and, at its discretion, allow Clients an opportunity to remedy identified violations.

5. Intellectual Property

5.1 Ownership of TrendMD Intellectual Property

All rights, title, and interest in and to the Services, TrendMD Software (including the TrendMD Widget and any other software developed or owned by TrendMD), algorithms, databases, source code, analytics methods, websites, and related intellectual property (collectively, "TrendMD Intellectual Property") are and will remain the exclusive property of TrendMD and its licensors. No rights or licenses are granted to the Client except for the limited license expressly provided in Section 2.2 of these Terms of Service.
The Client expressly agrees that it will not attempt, directly or indirectly, to take any action that may affect TrendMD's Intellectual Property rights unless it duly obtains TrendMD's written consent prior to taking any such action.

5.2 License Grant from Client to TrendMD

The Client retains all copyright and other intellectual property rights in and to Client Content submitted to TrendMD. However, by submitting or designating Client Content for promotion or recommendation through the Services, the Client hereby grants to TrendMD a worldwide, non-exclusive, royalty-free, sublicensable license to:
Use, copy, store, cache, index, distribute, transmit, publicly display, publicly perform, modify (for technical compatibility purposes, including creating summaries, thumbnails, or excerpts), and otherwise utilize Client Content solely to the extent necessary to deliver the Services.
Analyze and process Client Content using TrendMD algorithms, machine learning models, and other automated means to generate recommendations and improve content promotion effectiveness within the TrendMD Network.
Include Client’s name, trademarks, logos, or excerpts of Client Content within TrendMD’s promotional and marketing materials solely for identifying the Client as a participant in the TrendMD Network. TrendMD shall not use Client Content for purposes other than those outlined in these Terms of Service without obtaining additional explicit consent from the Client.
The Client represents and warrants that it possesses all rights necessary to grant this license and that the use and promotion of Client Content through the Services will not infringe upon the rights of any third party.
The Client may withdraw specific Client Content from active promotion through the Dashboard or by providing written notice to TrendMD. Upon such withdrawal, TrendMD will cease the active promotion of that specific Client Content as soon as reasonably practicable, subject to retaining copies solely for backup, archival purposes, compliance with legal obligations, or other administrative needs.

Third-Party Intellectual Property

TrendMD respects the intellectual property rights of third parties. Client acknowledges and agrees that it shall not upload, submit, or promote any Client Content through the Services unless it owns or possesses appropriate licenses or permissions from all relevant rights holders. Client agrees that it is solely responsible for addressing any intellectual property claims or disputes arising from Client Content.

DMCA Compliance and Copyright Infringement Notices

TrendMD complies with the Digital Millennium Copyright Act ("DMCA") and maintains procedures for addressing allegations of copyright infringement. If TrendMD receives a proper notice alleging that Client Content infringes a third-party’s copyright or other intellectual property rights, TrendMD may, at its discretion:
Immediately remove or disable access to the allegedly infringing Client Content.
Notify the Client promptly of such removal or disabling and provide an opportunity to respond with a counter-notification if applicable under DMCA guidelines.
Terminate Client’s account or access to the Services in the event of repeated infringement or serious violation of third-party intellectual property rights.
Clients may submit notices of alleged infringement or DMCA counter-notifications by contacting TrendMD at legal@trendmd.com
TrendMD is not responsible for adjudicating disputes between third parties and Clients concerning intellectual property rights. Clients agree to indemnify TrendMD against all claims, liabilities, and expenses arising out of any intellectual property disputes involving Client Content, as outlined further in these Terms of Service.

5.3 Feedback License

The Client may voluntarily submit to TrendMD feedback, suggestions, or ideas regarding improvements, modifications, or enhancements to the Services ("Feedback"). If the Client chooses to submit Feedback, the Client agrees and hereby grants to TrendMD a perpetual, irrevocable, royalty-free, worldwide, fully paid-up license to use, implement, incorporate, modify, and exploit such Feedback without restriction or obligation of compensation to the Client.

5.4 Third-Party Intellectual Property

TrendMD respects the intellectual property rights of third parties. Client acknowledges and agrees that it shall not upload, submit, or promote any Client Content through the Services unless it owns or possesses appropriate licenses or permissions from all relevant rights holders. Client agrees that it is solely responsible for addressing any intellectual property claims or disputes arising from Client Content.

5.5 DMCA Compliance and Copyright Infringement Notices

TrendMD complies with the Digital Millennium Copyright Act (“DMCA”) and maintains procedures for addressing allegations of copyright infringement. If TrendMD receives a proper notice alleging that Client Content infringes a third-party’s copyright or other intellectual property rights, TrendMD may, at its discretion:
Immediately remove or disable access to the allegedly infringing Client Content.
Notify the Client promptly of such removal or disabling and provide an opportunity to respond with a counter-notification if applicable under DMCA guidelines.
Terminate Client’s account or access to the Services in the event of repeated infringement or serious violation of third-party intellectual property rights.
Clients may submit notices of alleged infringement or DMCA counter-notifications by contacting TrendMD at legal@trendmd.com
TrendMD is not responsible for adjudicating disputes between third parties and Clients concerning intellectual property rights. Clients agree to indemnify TrendMD against all claims, liabilities, and expenses arising out of any intellectual property disputes involving Client Content, as outlined further in these Terms of Service.

6. Content Storage and Data Security

6.1 Storage and Retention of Client Content and Data

TrendMD may store Client Content, related metadata (such as titles, abstracts, images, authors, and URLs), and analytics data (such as clicks, impressions, traffic metrics, and user interactions) on TrendMD’s secure servers. Client understands and agrees that this storage is necessary for TrendMD to deliver content recommendations, manage Campaign performance, and provide analytical insights through the Services.
Unless explicitly agreed otherwise in writing, TrendMD does not offer permanent archival services. The Client acknowledges that TrendMD may periodically delete or remove stored Client Content and associated data once the respective Campaign or Client account has terminated or upon expiration of applicable retention periods, subject to TrendMD’s legal obligations or legitimate business interests.
The Client agrees to maintain backup copies of any critical Client Content separately, as TrendMD will not be responsible or liable for the loss, deletion, or alteration of Client Content or data, except to the extent directly caused by TrendMD’s negligence or breach of these Terms of Service.

6.2 Data Security and Protection Measures

TrendMD is committed to the protection and confidentiality of Client Content and data. TrendMD implements and maintains commercially reasonable technical, administrative, and organizational measures designed to secure stored Client Content and personal data from unauthorized access, disclosure, loss, destruction, or alteration. These measures include but are not limited to:
Encryption of data at rest and in transit, employing industry-standard encryption technologies (such as SSL/TLS).
Implementation of strict access controls and authentication procedures to limit data access to authorized TrendMD personnel only.
Routine security monitoring, penetration testing, and vulnerability assessments to identify and mitigate potential security risks and vulnerabilities.
Employee training and awareness programs focused on maintaining data security, confidentiality, and compliance with applicable privacy laws and industry best practices.
Despite these measures, Client acknowledges and agrees that no method of data transmission over the internet or electronic storage is completely secure. Therefore, while TrendMD employs diligent efforts to protect Client data, TrendMD cannot guarantee absolute data security.

6.3 Data Breach Notification

In the event TrendMD experiences a data breach or unauthorized access event that materially compromises the security or confidentiality of Client Content, TrendMD shall:
Notify affected Clients promptly and without undue delay following the detection and verification of the breach.
Provide timely information about the nature and scope of the breach, the categories of data potentially affected, and mitigation measures taken by TrendMD.
Cooperate with the Client, at the Client’s reasonable request, in fulfilling any applicable legal or regulatory notification requirements.
The Client agrees to promptly notify TrendMD if it becomes aware of any suspected unauthorized access, security incidents, or vulnerabilities related to Client’s own account, Dashboard access credentials, or use of the Services.

6.4 Client Obligations for Account Security

Clients are solely responsible for maintaining the confidentiality and security of their account credentials used to access the Services, including usernames, passwords, and API keys. The Client must implement adequate security measures and restrict account access solely to authorized personnel.
The Client agrees to immediately notify TrendMD of any unauthorized use of their account or any other breach of account security. TrendMD will not be liable for losses or damages arising from the Client’s failure to maintain account security or from unauthorized use of Client’s account credentials or Dashboard.

6.5 Data Processing and Compliance

TrendMD processes Client Content and associated personal data strictly in accordance with TrendMD’s Privacy Policy (incorporated by reference herein) and applicable privacy laws and regulations. The Client acknowledges that the Services may involve data transfers and processing in jurisdictions where TrendMD or its subprocessors operate.
Where legally required, TrendMD and Client agree to enter into a separate Data Processing Agreement ("DPA") specifying the roles, responsibilities, and compliance obligations related to the processing of personal data under applicable privacy laws.
Clients remain responsible for ensuring their own compliance with data protection laws relevant to their business and user base, including providing appropriate privacy notices or obtaining necessary user consents, where required by applicable law.
For further details regarding data collection, usage, and privacy obligations, please refer to the TrendMD Privacy Policy .

7. Payment and Billing

7.1 Pricing and Payment Obligations

Clients agree to pay all fees associated with their use of the Services in accordance with the pricing and billing terms outlined in their Campaign settings, the Dashboard, or any applicable Insertion Order or separate services contract between the Client and TrendMD.
TrendMD currently offers multiple payment models, including but not limited to:
Traffic Credit Purchases: Clients may purchase Traffic Credits directly through the Dashboard. Purchased Traffic Credits are deducted based on clicks or other interactions delivered to the Client’s promoted content.
Cost-Per-Mille (CPM) or Cost-Per-Click (CPC) Campaigns: Campaigns may be structured based on impressions (CPM) or clicks (CPC). Fees for such Campaigns are calculated according to the specific Campaign settings chosen by the Client within the Dashboard or detailed in any applicable service agreement or Insertion Order.
Subscription-Based Plans: Clients may select subscription plans that include monthly or periodic allocations of Traffic Credits, enhanced analytics, priority support, or additional features as specified in the Dashboard or associated agreements.
All fees are quoted and payable in U.S. Dollars (USD), unless otherwise explicitly agreed upon in writing.
In the event of any contradiction or conflict between these Terms of Service and any applicable Insertion Order, separate services contract, or similar written agreement executed between TrendMD and the Client, the terms of the specific Insertion Order or contract shall govern.

7.2 Invoicing and Payment Terms

7.2.1 Self-Service Transactions
For self-service transactions (such as purchasing Traffic Credits through the Dashboard), payment is due immediately upon purchase.
7.2.2 Invoiced Transactions
For invoiced transactions, TrendMD will issue invoices periodically (e.g., monthly) or upon completion of a Campaign. Payments are due within 30 days of the invoice date, unless expressly agreed otherwise in writing.
Accepted payment methods include credit cards, approved electronic payment platforms, or bank transfers (wire or ACH).
Clients are solely responsible for providing accurate billing information and promptly updating any changes to their payment details via the Dashboard or by contacting TrendMD’s billing department at billing@trendmd.com .

7.3 Taxes and Fees

All prices and fees quoted exclude applicable taxes (such as sales tax, VAT, GST, or other relevant taxes). Clients are responsible for paying all applicable taxes and duties associated with their use of the Services. Clients claiming tax exemptions must provide TrendMD with valid, up-to-date tax exemption certificates or relevant documentation.
Any bank fees or transaction charges incurred by Clients in making payments to TrendMD shall be the sole responsibility of the Client.

7.4 Late Payment Policy

If payment is not received by TrendMD by the payment due date, TrendMD reserves the right to:
Charge late fees at a rate of 1.5% per month on the outstanding balance or the maximum rate permitted by applicable law, whichever is lower.
Suspend or pause active Campaigns and access to the Services until full payment, including any accrued late fees, is received.
Refer overdue accounts to third-party collection agencies or initiate legal action for collection, with the Client responsible for any additional collection fees, attorney fees, or related costs incurred by TrendMD.
TrendMD reserves the right, at its discretion, to require advance payment or impose stricter payment terms for Clients who have missed or had late payments in the past.

7.5 Refunds and Cancellations

All purchases of Traffic Credits, Campaign budgets, or subscription fees are non-refundable except as explicitly required by law or expressly stated otherwise in writing by TrendMD.
If TrendMD terminates the Client’s access to the Services without cause, TrendMD will refund any unused prepaid fees or Traffic Credits, prorated accordingly.
If the Client voluntarily cancels or terminates a Campaign or subscription early, no refunds will be issued for any unused Traffic Credits, remaining budget, or subscription time. However, unused Traffic Credits or funds may, at TrendMD’s sole discretion, be applied to future Campaigns or Services upon request.
Any billing disputes or concerns must be reported to TrendMD within 30 days of the invoice or transaction date. Failure to timely dispute a charge constitutes acceptance of the charge as valid and accurate.

7.6 Cancellation of Services by Client

Clients may cancel or terminate Campaigns or subscriptions through the Dashboard or by providing written notice to TrendMD’s billing department at billing@trendmd.com .
For subscription-based plans or fixed-term agreements, cancellations require at least 30 days' prior written notice before the end of the current billing cycle, unless otherwise specified in the applicable service agreement.
Early termination of fixed-term agreements or subscription plans may incur additional penalties or fees as detailed in the specific Insertion Order or service agreement.
Upon cancellation, all outstanding balances remain immediately payable by the Client, and the Client’s access to the Services may be terminated accordingly.

7.7 Modification of Fees

TrendMD reserves the right to adjust fees, pricing structures, or payment models at any time. TrendMD will provide at least 30 days' notice to Clients of any significant changes in pricing via email or notifications within the Dashboard. Continued use of the Services following such notice constitutes the Client’s acceptance of the modified pricing terms. Clients who do not agree with fee modifications may discontinue the Services as described in these Terms of Service.

8. Service Availability and Performance

8.1 Availability of the Services

TrendMD endeavors to maintain continuous and reliable access to the Services; however, TrendMD does not guarantee uninterrupted or error-free operation. Clients acknowledge and accept that the Services may occasionally become unavailable due to:
Scheduled maintenance, updates, or system enhancements (see Section 8.3).
Unscheduled downtime or outages resulting from technical issues, third-party service provider disruptions, or unforeseen circumstances beyond TrendMD’s reasonable control.
TrendMD shall not be liable for any interruptions or downtime of the Services, except as expressly agreed in any applicable services contract or Insertion Order executed separately between TrendMD and the Client.

8.2 Performance and Results Disclaimer

TrendMD provides the Services "as is" and does not guarantee any specific outcomes, minimum levels of traffic, clicks, impressions, conversions, audience engagement, or performance results from the use of the Services.
Actual results will vary significantly depending upon numerous factors, including but not limited to:
Quality and relevance of Client Content.
Audience targeting and campaign settings chosen by the Client.
Market conditions and third-party website visitor behaviors within the TrendMD Network.
While TrendMD utilizes commercially reasonable efforts to deliver Client Content according to the parameters set forth by Clients within the Dashboard or any applicable services contract or Campaign, TrendMD expressly disclaims all warranties and representations regarding specific performance results, outcomes, or levels of engagement.

8.3 Scheduled Maintenance and Updates

TrendMD may periodically schedule maintenance, upgrades, and updates to ensure continued improvement, security, and proper functioning of the Services. Scheduled maintenance will typically be conducted during periods of lower usage when feasible. TrendMD will endeavor to provide advance notice via email or in-dashboard notifications regarding any planned maintenance anticipated to cause significant disruption or temporary unavailability of the Services.
Clients acknowledge that maintenance-related interruptions may occasionally occur and agree that TrendMD shall have no liability arising from temporary service interruptions due to scheduled maintenance.

8.4 Technical Support

TrendMD provides technical support to assist Clients with issues or inquiries related to the use of the Services. Basic technical support is accessible through email or the TrendMD support portal. TrendMD strives to respond to support requests in a timely manner, though specific response times may vary based on issue complexity and overall support request volume.
Enhanced technical support, including priority response times or dedicated account management, may be available through subscription-based plans, service-level agreements, or specific contracts executed between TrendMD and individual Clients.

8.5 Notification of Service Issues

In the event of significant service disruptions, security incidents, or critical technical issues, TrendMD will take reasonable efforts to notify affected Clients promptly through email or in-dashboard notifications, detailing the nature and anticipated resolution time of such incidents. Clients are responsible for ensuring their contact information remains up-to-date within the Dashboard or through direct notification to TrendMD.

8.6 Modification and Discontinuation

TrendMD reserves the right to modify, temporarily suspend, or discontinue any feature or aspect of the Services at any time, at its sole discretion. TrendMD will notify Clients at least thirty (30) days in advance of any significant planned discontinuation or substantial modification that materially impacts the Services. Continued use of the Services after notification constitutes the Client’s acceptance of such modifications. Clients who object to such changes may terminate their use of the Services in accordance with the termination provisions described in Section 12.

9. Liability and Indemnification

9.1 Disclaimer of Warranties

To the maximum extent permitted by law, the services and TrendMD software are provided "as is" and "as available," without any warranties of any kind, whether express, implied, or statutory.
TrendMD explicitly disclaims all warranties, including but not limited to:
Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
Any warranty that the Services will meet Client’s expectations, requirements, or specific business outcomes;
Any warranty that the Services will be uninterrupted, secure, error-free, or that defects will be corrected; or
Any warranty arising from course of dealing, performance, or trade usage.
TrendMD does not guarantee any minimum number of impressions, clicks, engagements, conversions, or other performance metrics resulting from Client’s use of the Services.

9.2 Limitation of Liability

To the fullest extent permitted by applicable law, TrendMD, its affiliates, officers, directors, employees, agents, and partners shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, business opportunities, reputation, or goodwill, arising out of or in connection with client’s use of or inability to use the services or TrendMD software, regardless of the cause or legal theory of liability, including but not limited to breach of contract, tort (including negligence), or otherwise.
TrendMD’s total liability under or relating to these Terms of Service, for any claims or damages, shall be strictly limited to the total fees actually paid by Client to TrendMD for the Services during the 3 months preceding the event giving rise to the claim. If the Client has not paid TrendMD any fees, TrendMD’s total liability shall not exceed one hundred U.S. dollars.
Some jurisdictions do not allow the exclusion or limitation of certain types of damages; in such cases, TrendMD’s liability shall be limited to the maximum extent permitted by law.

9.3 Indemnification by Client

Client agrees to indemnify, defend, and hold harmless TrendMD, its affiliates, officers, directors, employees, agents, and partners from and against all third-party claims, liabilities, damages, losses, expenses, costs (including reasonable attorneys’ fees), or demands arising from or related to:
Client’s breach or violation of these Terms of Service, the TrendMD Privacy Policy, or any applicable laws, rules, or regulations;
Client Content submitted, published, or promoted through the Services that infringes upon intellectual property rights, privacy rights, or other third-party rights;
Client’s negligent acts or omissions, gross negligence, willful misconduct, or fraudulent activity in connection with the use of the Services or TrendMD Software.
TrendMD reserves the right, at Client’s expense, to assume exclusive control and defense of any matter subject to indemnification by Client. Client shall not settle or resolve any indemnified claim without TrendMD’s prior written approval, which will not be unreasonably withheld.

10. Third-Party Dependencies

10.1 Third-Party Websites and Content

The Services may include links to or display Third-Party Content, or direct users to external third-party websites not controlled or owned by TrendMD. TrendMD does not endorse, guarantee, verify, or assume responsibility for the accuracy, legality, quality, or appropriateness of any Third-Party Content or external websites accessible via the TrendMD Network.
Client acknowledges and agrees that:
Access to and use of Third-Party Content and websites is entirely at the Client’s or end-users’ own risk.
TrendMD shall not be liable for any damage, loss, or harm arising from or in connection with interactions with or reliance upon Third-Party Content or external websites.
TrendMD reserves the right, but has no obligation, to remove any Third-Party Content that TrendMD deems inappropriate, misleading, harmful, or non-compliant with TrendMD’s Content Guidelines.

10.2 Third-Party Service Providers

TrendMD utilizes third-party service providers (e.g., hosting providers, analytics services, cloud storage providers, payment processors) in connection with the provision of its Services. While TrendMD takes commercially reasonable efforts to select reputable and reliable service providers, TrendMD does not control and is not liable for the acts, omissions, or availability of these third-party service providers.
Client agrees and acknowledges that:
TrendMD shall not be responsible or liable for interruptions, delays, downtime, or performance issues caused by third-party providers or their systems.
Certain features of the Services may depend on integrations with third-party services that have separate terms and conditions. Client is responsible for reviewing and complying with those third-party terms where applicable.

10.3 No Third-Party Beneficiaries

Nothing in these Terms of Service, express or implied, shall confer upon any third-party individual or entity any rights, benefits, remedies, obligations, or liabilities under or arising from these Terms of Service.
These Terms of Service exclusively govern the relationship between TrendMD and its Clients and are not intended to create or grant rights to any third-party beneficiaries.

11. Termination of Services

11.1 Termination by Client

The Client may terminate their use of the Services at any time by:
Providing written notice of termination to TrendMD and
Discontinuing use of and removing the TrendMD Widget and any TrendMD Software from all Client-owned or controlled websites and digital platforms.
However, if the Client’s use of Services is subject to a separate services contract or insertion order between Client and TrendMD, the termination provisions specified in that separate agreement will govern over this section.

11.2 Termination or Suspension by TrendMD

TrendMD reserves the right, at its sole discretion and without liability, to immediately suspend or terminate the Client’s access to or use of the Services (in whole or in part) for the following reasons:
The Client materially breaches or violates these Terms of Service or any applicable law, regulation, or guideline.
The Client fails to make timely payments as outlined in Section 7 (Payment and Billing).
The Client engages in fraudulent, deceptive, or harmful conduct that, in TrendMD’s sole judgment, negatively impacts TrendMD or the TrendMD Network.
Provision of the Services to the Client poses material legal or reputational risks to TrendMD.
Additionally, TrendMD may terminate the provision of the Services to the Client without cause upon providing at least 30 days’ prior written notice.

11.3 Effects of Termination

Upon termination of the Services by either party:
All licenses and rights granted to the Client under these Terms of Service shall immediately cease.
The Client shall promptly remove the TrendMD Widget and cease using any TrendMD Software on their websites or digital platforms.
Any active Campaigns shall be terminated immediately, unless otherwise agreed between the parties.
Prepaid fees or purchased Traffic Credits will not be refunded, except where explicitly required by law or as expressly provided in a separate written agreement with TrendMD.
TrendMD may, subject to its Privacy Policy and applicable laws, delete or retain Client Content and associated data in accordance with internal retention policies or legal requirements.
The termination or expiration of these Terms of Service shall not relieve either party from liability for breaches or obligations accrued prior to the effective date of termination.

12. Communications and Notifications

12.1 Notices from TrendMD

TrendMD may provide all formal notices, updates, communications, and notifications related to the Services and these Terms of Service to the Client via:
Email sent to the Client’s primary registered contact address.
In-dashboard notifications within the TrendMD Dashboard.
Other means as may be required by applicable laws and regulations.
It is the Client’s sole responsibility to ensure that all contact information provided to TrendMD is current, accurate, and complete at all times.

12.2 Notices to TrendMD

The Client must send all formal notices, legal communications, or inquiries related to these Terms of Service to TrendMD using the following channels:
General Support and Service-Related Inquiries:
support@trendmd.com
Billing or Payment Inquiries:
billing@trendmd.com
Legal Notices and Correspondence:
legal@trendmd.com

12.3 Timing of Notices

All notices sent by email or in-dashboard notification shall be considered effective upon sending or posting if sent during normal business hours in the time zone where TrendMD maintains its headquarters. Electronic messages or in-dashboard notifications sent outside of such normal business hours shall be deemed delivered on the next business day. Notices sent by postal mail shall be considered effective 5 days after the date of mailing.

12.4 Language of Communications

All official communications, notices, and correspondence between TrendMD and the Client shall be conducted in English.

12.5 Conflict with Services Contract

If a separate services contract or agreement exists between the Client and TrendMD, and that contract specifies alternative methods or channels of communication or notice, the terms of such separate contract shall prevail over this Section 12 in the event of any conflict or inconsistency.

13 Governing Law and Dispute Resolution

13.1 Governing Law

These Terms of Service and any disputes or claims arising from or related to these Terms of Service, including non-contractual disputes or claims, shall be governed by and construed exclusively in accordance with the laws of the State of Delaware, United States, without giving effect to any choice or conflict of law provisions or rules.

13.2 Arbitration Agreement

The Client and TrendMD agree that any dispute, claim, controversy, or disagreement arising out of or relating to these Terms of Service or the Services provided by TrendMD (including questions of validity, interpretation, enforceability, or breach) shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA), pursuant to its applicable rules and procedures.
The arbitration shall be conducted before a single arbitrator mutually selected by both parties. If the parties cannot agree on an arbitrator within 21 days of initiating arbitration, the arbitrator will be appointed according to the applicable arbitration provider's rules.The Client and TrendMD agree that any dispute, claim, controversy, or disagreement arising out of or relating to these Terms of Service or the Services provided by TrendMD (including questions of validity, interpretation, enforceability, or breach) shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA), pursuant to its applicable rules and procedures.
Arbitration proceedings shall take place in the State of Delaware unless otherwise mutually agreed upon by the parties in writing.
Each party shall bear its own arbitration costs and attorney's fees unless otherwise determined by the arbitrator or required by applicable law.
The arbitration shall be conducted exclusively on an individual basis. The Client expressly waives the right to participate in a class, collective, consolidated, or representative action, arbitration, or proceeding. The arbitrator shall not have the authority to combine or aggregate similar claims or conduct any form of class arbitration.

13.3 Exceptions to Arbitration

Notwithstanding Section 13.2 above, either party may seek temporary or preliminary injunctive relief from any court of competent jurisdiction to protect intellectual property rights or confidential information pending the conclusion of arbitration proceedings.

13.4 Jurisdiction for Court Proceedings

To the extent permitted by applicable law, the Client and TrendMD agree to submit exclusively to the personal jurisdiction and venue of the state and federal courts located within the State of Delaware for any judicial proceedings permitted under this Section 13.

13.5 Prevailing Language

These Terms of Service are written in English. If they are translated into any other language, the English-language version shall prevail in the event of any conflict, ambiguity, or inconsistency.

14. Miscellaneous

14.1 Compliance with Industry Regulations

The Client acknowledges and agrees that they are solely responsible for ensuring compliance with any applicable industry-specific laws, regulations, standards, or guidelines relevant to their use of the Services or the content they submit for promotion, including but not limited to:
Healthcare or pharmaceuticals: Compliance with regulations such as HIPAA, FDA advertising guidelines, and related healthcare marketing rules.
Financial services: Compliance with relevant regulatory authorities (e.g., SEC, FTC, FINRA) and applicable disclosure and advertising standards.
Education and research sectors: Adherence to standards governing academic integrity, ethical publication, and scientific research practices.
TrendMD provides general content promotion services and does not represent or warrant compliance with industry-specific regulatory obligations. TrendMD reserves the right—but is under no obligation—to suspend, remove, or reject any content or activity it reasonably believes to be non-compliant or posing potential legal risk. Nevertheless, ultimate responsibility for compliance remains exclusively with the Client.

14.2 Relationship of the Parties

Nothing contained in these Terms of Service creates, nor shall it be construed as creating, a partnership, joint venture, agency relationship, fiduciary relationship, or employment relationship between TrendMD and the Client. Both parties are independent contractors, and neither party shall have the authority to bind or represent the other in any manner whatsoever without prior written consent.

14.3 Assignment

The Client may not assign, delegate, transfer, or sublicense their rights or obligations under these Terms of Service, in whole or in part, without obtaining TrendMD’s prior written consent, which shall not be unreasonably withheld or delayed.
TrendMD may freely assign, delegate, or transfer its rights and obligations under these Terms of Service without restriction, including to affiliates, successors, or in connection with any merger, acquisition, sale of assets, or similar business transaction.
These Terms of Service shall be binding upon and inure to the benefit of the parties hereto, their permitted successors, and assigns.

14.4 Force Majeure

Neither TrendMD nor the Client shall be liable for delays or failures in performance caused by circumstances or events beyond their reasonable control, including, without limitation:
Acts of God (such as natural disasters, hurricanes, earthquakes, floods, fires).
War, terrorism, civil unrest, riots, or government actions or restrictions.
Labor disputes, strikes, or lockouts.
Cybersecurity attacks, internet or telecommunications failures, or third-party provider outages.
Pandemics or widespread public health emergencies.
If any force majeure event persists for thirty (30) Days or more, either party may terminate the affected Services or the Terms of Service upon written notice without further liability or penalty.

14.5 Severability

If any provision of these Terms of Service is found by a court or arbitration panel of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to become valid and enforceable, consistent with the parties' original intent.

14.6 No Waiver

No failure or delay by either party in exercising any right, power, or remedy under these Terms of Service shall operate as a waiver thereof, nor shall any single or partial exercise of any right preclude any other or further exercise of such right or other rights. Any waiver of any provision or breach under these Terms of Service must be explicitly made in writing and signed by the waiving party to be effective.

14.7 Entire Agreement

These Terms of Service, along with any referenced or incorporated policies, guidelines, or additional agreements, constitute the entire and exclusive agreement between TrendMD and the Client regarding the use of the Services, superseding all prior agreements, negotiations, or communications relating to the same subject matter, except where a separately executed written contract between TrendMD and the Client expressly states otherwise.
In the event of a conflict between these Terms of Service and any separately executed written service agreement or contract between TrendMD and the Client, the terms of such separate agreement or contract shall govern.

14.8 Survival

All provisions of these Terms of Service that by their nature should survive termination or expiration shall continue in full force and effect, including, but not limited to:
Intellectual Property provisions (Section 5)
Payment and Billing obligations (Section 7)
Liability and Indemnification provisions (Section 9)
Governing Law and Dispute Resolution (Section 13)
Any provisions expressly or implicitly necessary for enforcement or interpretation post-termination

14.9 Interpretation

Section headings used in these Terms of Service are provided solely for convenience and shall not affect the interpretation or meaning of any provision herein. All references to "including" or "for example" shall be deemed illustrative and not limiting.
These Terms of Service have been prepared in English. Any translation into another language is for convenience only. If there is any inconsistency or discrepancy between the English-language version and any translation, the English-language version shall control.

14.10 Amendments and Modifications

Except as expressly set forth in these Terms of Service (such as Section 1.3 regarding updates to the Terms of Service), any modification, amendment, or alteration to these Terms of Service must be made in writing and signed by authorized representatives of both parties to be effective.

Acceptance of Terms

By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
If you have any questions or concerns about these Terms of Service, please contact TrendMD before using the Services.

Contact Information

If you have any questions or concerns about these Terms of Service, please contact TrendMD before using the Services.
Support & General Inquiries: support@trendmd.com
Billing Issues: billing@trendmd.com
Legal Notices: legal@trendmd.com