Terms of Service

Last updated May 2024

Summary of our Terms

Only the terms on the right are legally binding. The terms on the left are not legally binding. They are only provided for your convenience. If you have questions about what the terms on the right mean, you should talk to a lawyer.

We might update these terms from time to time. We’ll let you know when we do. If you keep using the platform after we update the terms, that means you agree to the updated terms.

Always speak to a lawyer to make sure you understand and comply with these terms. Note that there are terms included here that limit your rights, such as warranty disclaimers, limitations of liability, and a mandatory arbitration clause.

You have to be at least 18 years old to use our platform and services.

The person who accepts these terms is the owner of the platform account. If you accepted the terms on behalf of a business entity, the business entity is the owner of the platform account.

You can’t use our platform in a way that breaks our rules or the law. You are responsible for making sure you and your customers’ use of the platform and services is compliant with applicable laws and regulations.

We take privacy seriously. Make sure to read our Privacy Policy and Data Processing Agreement. You also need to have a Privacy Policy of your own that you make available to your customers.

Keep your Login Credentials confidential. Let us know if you think someone has gained unauthorized access to your account.

We are a platform provider ONLY. We don’t originate, send, or deliver any communications on your behalf. If you use any of the communication services features on our platform, you are responsible for making sure your communications comply with applicable laws, including but not limited to the Telephone Consumer Protection Act (“TCPA”) and CAN-SPAM Act.

Some features on our platform leverage third-party services. We are not in control of those third party services, so we’re not liable for problems that arise from them.

By the way, if you have been assigned phone numbers or email addresses to be used through our platform, we might have to release those phone numbers or emails if you pause or delete your account, and the phone numbers or addresses may no longer be available if you reactivate or unpause your account.

There might be content on our platform that was created or provided by third parties. We’re not responsible or liable for that content.

If you customize the platform, make sure your customizations don’t infringe anyone’s intellectual property rights.

If you use more data than what’s contemplated by your pricing plan, you might be required to upgrade your plan.

We make regular updates to our platform, and sometimes those updates might affect the previous mode of operation of the platform.

We don’t allow access to our platform by those located in embargoed countries.

You are responsible for compliance with any local laws that might be applicable to your use of the platform.

If you are authorized to resell access to the platform, you can’t advertise prices that are lower than AI Genius' prices. There might be exceptions to this rule by law. We also reserve the right to make exceptions to the rule in our sole discretion, and we can revoke those exceptions at anytime.

Do not pretend to be an employee or representative of AI Genius when reselling the platform.

Read this list carefully. These are behaviors that we do not tolerate by users of our platform. If you engage in any of these behaviors, we might terminate your platform account.

As a general rule, fees are nonrefundable, and we don’t provide refunds or credits.

Note that some subscription fees require minimum commitments. In those cases, we can’t cancel your subscription until you’ve fulfilled the minimum commitment.

If you decide to pass through any subscription fees to your customers, you cannot mark-up the fees.

You’re responsible for taxes related to the platform and transactions you conduct with your customers. You might have to indemnify AI Genius if there is a tax issue related to your platform usage.

We might terminate your account if we can’t collect payment from you.

If you have a payment dispute, let us know right away.

If you’re interested in earning commissions for referring customers to AI Genius, check out our Affiliate Program.

We own the platform and the content on it. You can use the content for the purpose of making the platform available to you and your customers.

We own our trademarks and service marks.

You own the content that you post on our platform, but you give us permission to use the content.

If the content that you post violates these terms, we will take it down.

You can’t post anything inappropriate or offensive, or materials that infringe someone else’s intellectual property rights

If you give us ideas on how to improve our platform or any other element of our business, then we have your permission to use that idea without compensating you.

If you think someone is infringing your copyrights, let us know by following the process described in this section.

Our platform doesn’t come with any warranties—it is provided “as is.”

Any direct damages that AI Genius might owe are capped at the amounts you paid us in the three month period before the act giving rise to the liability.

AI Genius is not responsible for any damages that indirectly resulted from an incident.

If you breach these terms, give us inaccurate information, engage in gross negligence or willful misconduct, or if you or your customers violate the law, you might have to indemnify us.

If a third party claims that our platform violates their intellectual property rights, we’ll either (i) obtain the proper licenses so that you can continue using the platform; (ii) modify or replace the platform; or (iii) shut down the platform.

If you have a claim related to these terms or the platform, you need to commence action within three months.

Sometimes money won’t fix the problem if you breach these terms. In those instances, we might seek equitable relief, like an injunction.

Introduction

Welcome to the AI Genius Marketing Suite, provided by AI Genius Agency. Please read these Terms of Service carefully before using our platform and services. By accessing or using our platform, you agree to be bound by these terms. If you do not agree, do not accept these terms, create an account, or use our services.

Important Note:

These terms may be updated from time to time, and we will notify you of any changes. Continued use of the platform after updates means you agree to the updated terms.

Always consult a lawyer to ensure you understand and comply with these terms, which include limitations of liability, warranty disclaimers, and a mandatory arbitration clause.

1. Use of Platform

1.1 Age Restrictions: You must be at least 18 years old to use the AI Genius Marketing Suite. By accepting these terms, creating an account, or using the platform, you represent that you are at least 18 years old. If you allow a minor (13-18 years) to use the platform, you agree to supervise their use and assume all associated risks and liabilities.

1.2 Account Ownership: The individual or entity accepting these terms owns the platform account. If acting on behalf of a business entity, you represent that you have the authority to bind the entity to these terms.

1.3 Intended Use: Use the platform only for lawful purposes. You and your customers must comply with all applicable laws and regulations.

1.4 Privacy: By using the platform, you consent to our use of your information in accordance with our Privacy Policy. You must also implement and enforce your own privacy policy for your customers, obtaining necessary permissions and consents.

1.5 Login Credentials: Maintain the confidentiality of your login credentials. Notify us immediately of any unauthorized access to your account.

1.6 Communication Services: You are responsible for all communications sent using the platform, including compliance with laws such as the Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act.

1.7 Third-Party Services: We are not responsible for the usability or accessibility of third-party services integrated with our platform.

1.8 Third-Party Content: Use of third-party content on the platform is at your own risk. We are not liable for third-party content.

1.9 Customizations: Ensure that customizations do not infringe on intellectual property rights. We may remove any customizations at any time.

1.10 Excessive Use Restrictions: Excessive data use may require an upgrade to your plan. We reserve the right to limit or suspend your use if it negatively impacts the platform.

1.11 Platform Updates: We may update the platform at any time. Your use of the platform is not contingent on the delivery of specific features or functionality.

1.12 International Use: Use of the platform is prohibited in embargoed countries. Compliance with local laws is your responsibility.

2. Resale MAP Policy

If authorized to resell the platform, you must comply with our Minimum Advertised Price Policy. You cannot advertise prices lower than our standard prices unless exceptions apply.

3. Prohibited Uses

Engaging in prohibited uses, such as violating laws, exploiting individuals, sending spam, impersonating others, or introducing harmful material, may result in immediate suspension or termination of your account.

4. Payment

a. Fees: Timely payment of all fees is required. Fees may change, and all fees and communication surcharges are non-refundable.

b. Non-Cancellable Fees: Some subscriptions require a minimum commitment. Fees for these subscriptions cannot be canceled until the commitment is fulfilled.

c. Taxes: You are responsible for all taxes associated with your use of the platform.

e. Overdue Amounts: Non-payment may result in suspension or termination of your account.

f. Payment Disputes: Notify us within 60 days of any billing disputes. You must pay all disputed fees while the dispute is pending.

g. No Refunds or Credits: Fees are non-refundable, and you are responsible for cancellations.

h. Your Responsibility for Financial Transactions: You are responsible for all financial transactions conducted through the platform.

i. No Mark-Ups: You may not mark-up fees passed through to your customers.

5. Affiliate Program

Participation in our Affiliate Program is subject to approval and acceptance of our Affiliate Agreement. Commissions may be forfeited if payment cannot be submitted to your account.

6. Intellectual Property

6.1 Platform Content: We own the platform and its content. You may use the content solely for making the platform available to you and your customers.

6.2 AI Genius Marks: Our trademarks and service marks may not be used without our written permission.

6.3 User Contributions: You own the content you post, but grant us a perpetual right to use it. We may remove any contributions that violate these terms.

6.4 Prohibited User Contributions: Do not post content that is unlawful, offensive, or infringes on intellectual property rights.

6.5 Feedback: If you provide feedback, you grant us the right to use it without compensation.

6.6 Feedback Waiver: You release us from any claims related to the use of your feedback.

6.7 DMCA Notices: If you believe your copyright has been infringed, notify us following the DMCA procedure outlined in these terms.

7. Disclaimers

The platform is provided "as is" without warranties of any kind. We are not liable for damages resulting from your use of the platform.

8. Limitation of Liability, Indemnification, and Mitigation

Our liability is limited to the amount you paid us in the three months before the act giving rise to the liability. You may need to indemnify us for claims arising from your use of the platform.

9. Limitation on Time to File Claims

You must commence any action or claim related to these terms within three months of the event giving rise to the claim.

10. Injunctive Relief

A breach of these terms may cause irreparable injury, entitling us to seek equitable relief.

11. Waiver and Severability

No waiver of any term shall be deemed a continuing waiver. If any provision is held invalid, the remaining provisions will continue in effect.

12. Change of Control

We may assign our rights under these terms. You may not assign your rights without our written consent.

13. Entire Agreement

These terms constitute the entire agreement between you and AI Genius Agency with respect to the platform, superseding all prior agreements.

14. Term and Termination

We may terminate your account at any time for any reason. Upon termination, your right to use the platform ceases immediately.

15. Applicable Law, Binding Arbitration, and Class Action Waiver

Texas law governs these terms. Any disputes will be resolved through binding arbitration in San Mateo, California. Claims must be arbitrated individually.

16. Communications and Contact Information

Notices will be sent via email. Contact us at [email protected] for all feedback, comments, and technical support.

17. Definitions

Key terms used in these terms are defined in this section.

By using the AI Genius Marketing Suite, you agree to these terms.