Terms of Service

Please read these terms carefully before using our platform.

Last updated: January 20, 2025

Welcome and Introduction

Welcome and thank you for your interest in AI Marketing Inc. AI Marketing LLC, operating the following domains: aimarketing.com, aimarketing.net, aimarketing.ai, aimarketing.news, aimarketingai.com, and aimarketing.tv, collectively known as AI MARKETING AI™ ("AI Marketing", "we", "us" or "our").

This Terms of Service Agreement ("Terms of Service") describes the terms and conditions that apply to your use of:

The websites and subdomains listed above (collectively, the "Websites")
Any mobile application(s) we offer subject to these Terms (each, an "Application")
Products, services, content, APIs, tools and documentation (collectively, with our Applications and Website, the "Service")

IMPORTANT NOTICE - PLEASE READ CAREFULLY

THIS AGREEMENT GOVERNS YOUR USE OF THE SERVICE. BY ACCESSING OR USING THE SERVICE, ACCEPTING THIS AGREEMENT BY CLICKING "I ACCEPT", COMPLETING ACCOUNT REGISTRATION, BROWSING THE WEBSITE, OR DOWNLOADING THE APPLICATION, YOU REPRESENT THAT:

You have read, understand, and agree to be bound by this Agreement
You are of legal age to form a binding contract with AI Marketing
You are not barred from using the Service under applicable laws
You have the authority to enter into this Agreement personally or on behalf of an entity

If you do not agree to these Terms, you may not access or use the Service.

AUTOMATIC RENEWAL NOTICE

If you subscribe to any feature or functionality of the Service for a term (the "Initial Term"), your subscription will be automatically renewed for additional periods of the same duration at AI Marketing's then-current fee unless you decline to renew your subscription in accordance with Section 11.3(a) (Automatic Renewal) below.

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

Section 19 (Arbitration Agreement) contains provisions that govern how to resolve disputes between you and AI Marketing. This includes an agreement to arbitrate which requires, with limited exceptions, that all disputes shall be resolved by binding and final arbitration. Section 19 also contains a class action and jury trial waiver.

UNLESS YOU OPT OUT WITHIN THIRTY (30) DAYS in accordance with Section 19.10: (1) You will only be permitted to pursue disputes on an individual basis, not as a plaintiff or class member in any class or representative action, and you waive your right to participate in a class action lawsuit; and (2) You are waiving your right to pursue disputes in a court of law and to have a jury trial.

GOVERNING LAW

Any dispute, claim, or request for relief relating to your use of the Service will be governed by the laws of the State of Delaware, consistent with the Federal Arbitration Act, without giving effect to conflict of law principles.

1. Use of the Service

The Service and the information and content available on the Service are protected by applicable intellectual property (including copyright) laws. Unless subject to a separate license agreement between you and AI Marketing, your right to access and use the Service is subject to this Agreement.

1.1 Application License

Subject to your compliance with this Agreement, AI Marketing grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single device that you own or control and to run such copy solely for your own personal or internal business purposes.

1.2 Supplemental Terms

Your use of certain features may be subject to additional terms ("Supplemental Terms"). If these Terms of Service are inconsistent with the Supplemental Terms, the Supplemental Terms control with respect to such supplemental Service.

1.3 Updates

The Service is evolving. AI Marketing may require you to install updates to the Software or Applications. AI Marketing may update the Service with or without notifying you. Any future release, update, or addition to the Service shall be subject to this Agreement.

2. Registration

2.1 Registering Your Account

To access certain features, you may need to register an account ("Account") or have a valid third-party account. For enterprise customers, we offer collaborative workspaces with Admin and User Accounts.

The initial registered user on behalf of an Enterprise Customer will be designated as the administrator ("Admin"). The Admin is solely responsible for all activities under User Accounts and the workspace.

2.2 Registration Data

You shall provide true, accurate, current, and complete information about yourself as prompted by the registration form ("Registration Data"), and maintain and promptly update the Registration Data to keep it accurate and current.

2.3 Your Account

You acknowledge that you have no ownership or property interest in your Account, and all rights in and to your Account are owned by AI Marketing. You are responsible for all activities that occur under your Account.

Important: You may not share your Account or password with anyone. You must notify AI Marketing immediately of any unauthorized use. You may not create an Account using false information or on behalf of someone else. You shall not have more than one Account at any given time.

3. Connections to the Service

3.1 Connected Accounts

To access many features, you will need to link your Connected Account (such as Google, Facebook, Instagram, LinkedIn) to the Service. By granting AI Marketing access to any Connected Account, you represent that you have all necessary rights to disclose login information and grant access.

Your relationship with third party providers is governed by your agreement with them. AI Marketing will have no liability for any action or inaction by such providers or any unavailability of Connected Accounts.

3.2 Third Party Technology

The Service uses third party technology, including large language model AI algorithms ("LLM"). Your Content will be shared with such third parties to provide the Service.

AI Marketing selects third party LLMs with policies that: (a) protect Your Content consistently with this Agreement; (b) will not use Your Content to train the LLM; and (c) acknowledge the user's ownership of outputs from the LLM's processing of prompts.

3.3 Necessary Equipment and Software

You must provide all devices and equipment necessary to access the Service. You are solely responsible for any fees, including internet connection or mobile fees, that you incur when accessing the Service.

4. Responsibility for Content

4.1 Types of Content

"Content" means any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, and other materials accessible through the Service. You, and not AI Marketing, are entirely responsible for all Content you upload, post, email, transmit, or otherwise make available through the Service ("Your Content").

Other users are similarly responsible for all Content they make available through the Service ("User Content"). Your Content includes outputs from processing and derivative works you create (to the extent ownership rights are available).

4.2 Storage

Unless expressly agreed in writing, AI Marketing has no obligation to store any of Your Content. AI Marketing has no responsibility for the deletion or accuracy of Content, failure to store or transmit Content, or security of Content.

You are solely responsible for applying appropriate access levels to Your Content. AI Marketing retains the right to create reasonable limits on use and storage of Content, including limits on file size, storage space, and processing capacity.

5. Ownership

5.1 The Service

Except with respect to Your Content, you agree that AI Marketing and its suppliers or licensors own all rights, title, and interest in the Service, including templates, themes, objects, artwork, animations, sounds, documentation, algorithms, and software. You shall not remove, alter, or obscure any proprietary rights notices incorporated in the Service.

5.2 Trademarks

AI Marketing's name and all related logos, service marks, and trade names used on the Service are trademarks of AI Marketing and may not be used without permission.

5.3 Your Content

AI Marketing does not claim ownership of Your Content. However, when you make Content available on the Service, you represent that you own and/or have sufficient rights to grant the license set forth in Section 5.4.

5.4 License to Your Content

You grant AI Marketing a non-exclusive, transferable, perpetual, irrevocable, worldwide, fully-paid, royalty-free, sublicensable (through multiple tiers) right and license to use, copy, reproduce, modify, adapt, prepare derivative works from, translate, distribute, publicly perform, and publicly display Your Content (in whole or in part) for purposes of operating and providing the Service to you and to other users.

Nothing herein limits AI Marketing's right to use data regarding performance, usage, and security of the Service. You grant AI Marketing a perpetual, irrevocable license to use any non-personally identifiable information related to users' interactions with the Service to operate and improve AI Marketing's products and services, including for tuning or training AI algorithms and models.

5.5 Feedback

Submission of any ideas, suggestions, documents, or proposals ("Feedback") is at your own risk and AI Marketing has no obligations with respect to such Feedback. You grant AI Marketing a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use, reproduce, and commercially exploit any and all Feedback.

7. User Conduct and Restrictions

As a condition of use, you agree not to use the Service for any purpose that is prohibited by this Agreement or applicable law. You shall not (and shall not permit any third party to):

License, sell, rent, lease, or commercially exploit the Service
Frame or utilize framing techniques to enclose any trademark or logo
Use metatags or other "hidden text" using AI Marketing's name or trademarks
Modify, disassemble, decompile, or reverse engineer any part of the Service
Use automated software, spiders, robots, or scrapers to download data from the Service
Remove or destroy any copyright notices or proprietary markings
Impersonate any person or entity, including AI Marketing employees
Interfere with the proper functioning of the Service
Introduce viruses, worms, or harmful code into the Service

Prohibited Content:

You may not make available any Content that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of privacy, tortious, obscene, offensive, or profane. Your Content in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not make available a photograph of another person without that person's permission.

11. Fees and Purchase Terms

11.1 Third-Party Service Provider

AI Marketing uses Stripe, Inc. as its third-party service provider for payment services. If you make a purchase, you will provide payment details to Stripe. You agree to be bound by Stripe's Privacy Policy and Terms of Service.

You authorize AI Marketing and Stripe to share information and payment instructions to complete transactions. Online payment transactions may be subject to validation checks, and we are not responsible if your card issuer declines payment.

11.2 Payment

You shall pay all fees ("Fees") in accordance with the billing terms in effect when a Fee is due. By providing payment information, you authorize AI Marketing to immediately invoice your Account for all Fees. Except as set forth in this Agreement, all Fees are non-refundable.

11.3 Subscriptions and Automatic Renewal

If you purchase a Subscription, the Fee will be billed at the start and at regular intervals in accordance with your elections. AI Marketing reserves the right to change Subscription pricing at any time.

AUTOMATIC RENEWAL:

Your Subscription will continue and automatically renew at AI Marketing's then-current price until terminated. By subscribing, you authorize AI Marketing to charge your payment method now and at the beginning of subsequent Subscription periods. The frequency (monthly, annually, etc.) is designated at sign-up and may be modified via your Account settings.

Cancelling Subscriptions:

You may cancel by logging into your Account and going to "Change/Cancel Membership" in "Account Settings", or by contacting contact@aimarketing.com. If you cancel, you may use your Subscription until the end of the current term, but you will not receive a prorated refund.

Upgrades and Downgrades:

Upgrades take effect immediately with incremental fees charged accordingly. Downgrades take effect on the first day of the next Renewal Term. Downgrading may cause loss of content, features, or capacity, and AI Marketing accepts no liability for such loss.

11.6 Free Trials and Promotional Access

Any free trial or promotion must be used within the specified time. At the end of the trial period, your use will automatically roll into a paid Subscription at our then-current Fees if you do not cancel prior to the Subscription Service Commencement Date.

13. Indemnification

You shall indemnify and hold AI Marketing, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors harmless from any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of:

Your Content
Your use of, or inability to use, the Service
Your violation of this Agreement
Your violation of any rights of another party, including any user
Your violation of any applicable laws, rules, or regulations (including the CAN-SPAM Act)

AI Marketing reserves the right to assume exclusive defense and control of any matter subject to indemnification by you. This provision survives any termination of your Account or access to the Service.

14. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY LAW:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. AI MARKETING EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

AI Marketing makes no warranty that:

The Service will meet your requirements
Your use will be uninterrupted, timely, secure, or error-free

You acknowledge and agree that:

The accuracy and usefulness of results depend on the quality of Your Content
AI Marketing makes no representation regarding the accuracy or effectiveness of the Service or results
AI Marketing is not the provider of Third Party Technology and disclaims liability for such technology
Content is accessed at your own risk and you are responsible for any damage to your property

Beta Features: From time to time, AI Marketing may offer new "beta" features or tools. Such features are offered solely for experimental purposes without any warranty and may be modified or discontinued at AI Marketing's sole discretion.

15. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW:

IN NO EVENT SHALL AI MARKETING BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT AI MARKETING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

This applies to damages arising from: (i) use or inability to use the Service; (ii) any goods, data, information, or service purchased through the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party; or (v) any other matter related to the Service, whether based on warranty, contract, tort, product liability, or any other legal theory.

CAP ON LIABILITY:

AI Marketing shall not be liable to you for more than the greater of: (i) the total amount paid by you to AI Marketing during the three-month period prior to the occurrence giving rise to liability; or (ii) $100.

Note: The foregoing limitations do not apply to liability for death or personal injury caused by AI Marketing's negligence or any injury caused by fraud or fraudulent misrepresentation. Certain jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply.

19. Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

This section contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

19.1 Applicability

You and AI Marketing agree that any dispute, claim, or disagreement arising out of or relating to your access to or use of the Service, any communications you receive, any products sold through the Service, or this Agreement will be resolved by binding arbitration, rather than in court, except that:

You and AI Marketing may assert claims in small claims court if such claims qualify
You or AI Marketing may seek equitable relief in court for infringement or misuse of intellectual property rights

19.2 Informal Dispute Resolution

Before commencing arbitration, you and AI Marketing agree to personally meet and confer telephonically or via videoconference in good faith to resolve any Dispute ("Informal Dispute Resolution Conference"). This must occur within forty-five (45) days after the other party receives Notice of intent to initiate such conference.

Notice to AI Marketing should be sent to: contact@aimarketing.com or AI Marketing LLC, Chief Operating Officer, Legal, 1700 W. Higgins Rd. Suite #430 Des Plaines Illinois 60018.

19.3 Waiver of Jury Trial

YOU AND AI MARKETING HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and AI Marketing are electing that all Disputes shall be resolved by arbitration, except as specified above. There is no judge or jury in arbitration, and court review of an arbitration award is very limited.

19.4 Waiver of Class Action

YOU AND AI MARKETING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND YOU WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS.

ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

19.5 Rules and Forum

This Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act will govern the interpretation and enforcement of this Arbitration Agreement. Arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules then in effect.

Unless you and AI Marketing otherwise agree, arbitration will be conducted in the county where you reside. The AAA Rules are available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf.

19.10 30-Day Right to Opt Out

YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT

You may opt out by sending written notice of your decision within thirty (30) days after first becoming subject to this Arbitration Agreement to:

AI Marketing LLC
Chief Operating Officer, Legal
1700 W. Higgins Rd. Suite #430
Des Plaines, Illinois 60018

Your notice must include your name, address, email address associated with your account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out, all other parts of this Agreement will continue to apply.

17. Term and Termination

17.1 Term

This Agreement commences when you accept it and continues in full force while you use the Service, unless terminated earlier in accordance with this Agreement.

17.2 Termination by AI Marketing

If you have materially breached any provision, or if AI Marketing is required to do so by law, AI Marketing has the right to immediately suspend or terminate any Service without notice. AI Marketing may also terminate this Agreement or your access at any time without cause upon notice, in which case we will refund any pre-paid portion of your unused Subscription.

All terminations for cause are made in AI Marketing's sole discretion, and AI Marketing shall not be liable to you or any third party for any termination of your Account.

17.3 Termination by You

You may terminate this Agreement by (i) notifying AI Marketing at any time and (ii) closing your Account. Any such termination will be effective at the end of the then-current term of any Subscriptions, which will continue unless you cancel in accordance with Section 11.3(a).

17.4 Effect of Termination

Upon termination, your right to use the Service will automatically terminate, and we may delete Your Content from our databases. AI Marketing will have no liability for any suspension or termination, including for deletion of Your Content. All provisions which by their nature should survive will survive termination.

21. General Provisions

21.1 Privacy Policy

Please read the AI Marketing Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Privacy Policy is incorporated by reference into this Agreement.

21.7 Agreement Updates

When changes are made, AI Marketing will make a new copy of these Terms available on the Service and update the "Last Updated" date. If we make material changes and you have an Account, we will send an email to the address associated with your Account.

Changes are effective immediately for users without an Account and thirty (30) days after posting for users with an Account. IF YOU DO NOT AGREE TO ANY CHANGE(S) AFTER RECEIVING NOTICE, YOU SHALL STOP USING THE SERVICE.

21.8 Exclusive Venue

To the extent the parties are permitted to initiate litigation, both you and AI Marketing agree that all claims and disputes will be litigated exclusively in the state or federal courts located in the State of Delaware.

21.9 Governing Law

THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE OF DELAWARE, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO CONFLICT OF LAW PRINCIPLES. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS AGREEMENT.

21.11 Notice

You are responsible for providing AI Marketing with a valid email address. You may give notice to AI Marketing at:

AI Marketing LLC
1700 W. Higgins Rd. Suite #430
Des Plaines, Illinois 60018
Email: contact@aimarketing.com

21.15 Entire Agreement

This Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

Contact Information

If you have any questions about these Terms of Service, please contact us:

AI Marketing LLC

Address:
1700 W. Higgins Rd. Suite #430
Des Plaines, Illinois 60018

Email: contact@aimarketing.com

Legal Email: legal@aimarketing.com

These Terms of Service are effective as of January 20, 2025 and apply to all users of AI Marketing AI™.

By using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.