Terms and Conditions
1. Acceptance of Terms
By accessing or using our AI services, you agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use our services.
2. Services Provided
Our AI service scans your customer database, social media platforms, and purchase histories related to event tickets. It generates marketing emails, SMS messages, and social media posts to encourage additional purchases. Additionally, our AI monitors your website and related data to suggest optimizations for Google indexing and customer engagement.
3. Payments and Fees
-
- All payments for services must be made via bill.com and through ACH payment.
- Payments are due as invoiced and must be completed within the specified period.
- You agree that there are no refunds under any circumstances, even if you choose to stop using the service before the end of the billing period.
- You acknowledge that all fees are non-refundable and non-creditable.
4. No Guarantee of Results
We make no guarantees, warranties, or representations that the use of our AI services will result in increased sales, improved customer engagement, or higher rankings on Google or other search engines. All services are provided “as is” without warranty of any kind.
5. Cancellation Policy
You may cancel your subscription to our services by providing 30 days’ written notice. “Written notice” includes both physical mail and email. All services will terminate at the end of the 30-day cancellation period, and you remain responsible for any fees incurred up until that point.
6. Marketing Communications and Opt-Out
By using our service, you consent to receiving marketing emails, SMS messages, and other communications as part of the service. You may opt out of receiving marketing communications at any time by following the instructions provided in each communication.
7. Data Collection and Privacy
You acknowledge that our AI service collects and processes data, including but not limited to customer purchase history, social media activity, and website interactions, to provide our services. You are responsible for ensuring that you have obtained the necessary consents from your customers for such data collection and usage. We will not use the information collected for any purpose other than training the AI to function correctly and delivering the services outlined in this agreement. For more information about how we handle data, please review our Privacy Policy.
8. Limitation of Liability
We shall not be held liable for any damages, including but not limited to, loss of profits, business interruption, loss of data, or any other damages, arising from the use or inability to use our services, even if we have been advised of the possibility of such damages.
9. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, losses, liabilities, or expenses (including legal fees) arising out of your use of our services, including any violation of these terms or any infringement of third-party rights.
10. Intellectual Property
All intellectual property rights in the services, including AI algorithms, software, and content generated, are and remain our exclusive property. You are granted a limited, non-exclusive, non-transferable right to use the service solely for your internal business purposes.
11. Modifications to the Terms
We reserve the right to modify these Terms and Conditions at any time. Any changes will be effective immediately upon posting the updated terms on our website. Continued use of the service after such changes will constitute your acceptance of the new terms.
12. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Texas, without regard to its conflict of law provisions. Any disputes arising from or relating to these terms shall be subject to the exclusive jurisdiction of the courts of Texas.
13. Termination of Services
We reserve the right to terminate or suspend access to our services at our sole discretion, without notice, if you violate any of the terms set forth herein.
14. Force Majeure
We shall not be held liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to natural disasters, acts of war, governmental action, power outages, internet failures, server malfunctions, or other unforeseen events (Force Majeure). In the event of a Force Majeure occurrence, we will make reasonable efforts to notify you of the impact and expected duration of such events.
15. Mutual Confidentiality (Mutual NDA)
Both parties acknowledge that during the course of this agreement, each may disclose to the other confidential, proprietary, or trade secret information (“Confidential Information”).
-
- Definition of Confidential Information: Confidential Information includes but is not limited to business strategies, customer data, trade secrets, algorithms, software, and any other proprietary information disclosed by one party to the other.
- Obligations: Both parties agree to keep all Confidential Information confidential and to not disclose it to any third party without prior written consent. Confidential Information may only be used for the purposes outlined in this agreement.
- Exclusions: Confidential Information does not include information that (i) was known prior to disclosure, (ii) is or becomes publicly available through no fault of the receiving party, or (iii) is independently developed without reliance on the disclosed Confidential Information.
- Duration: The obligations of confidentiality shall survive the termination of this agreement and remain in effect for a period of [X] years following termination, or as otherwise required by law.
16. Non-disparagement
Both parties agree not to publicly disparage or criticize the other party, their employees, services, or business during the term of this contract and for a period of one (1) year following the termination of services. This includes, but is not limited to, negative comments on social media, review sites, and other public forums. This does not limit either party’s rights to express opinions privately or through lawful means.