Terms of Service

1. Eligibility and Authority

You must be at least 18 years of age or older to access or use our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

2. Accounts; Account Security; Electronic Communications

You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account, not share your account credentials, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. By creating an account, you consent to receive electronic communications from us (e.g., via email or by posting notices on our Services).

3. Privacy

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.

4. Our Services; License

Our Services may allow you and other users to create, post, store and share marketing, communications, or other content (collectively, "User Content"). Except for the license you grant below, you retain all rights in and to your User Content, as between you and That's My AI Guy. You grant That's My AI Guy a nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, adapt, publish, translate, distribute, and display your User Content to provide the Services. As a part of the Services, we may view, copy, and internally use User Content to help us train and improve the Services, including their functionality and effectiveness, as well as to assist us in detecting issues. When using the Services, you may import data, including personally identifiable information, regarding your contacts (“Contact Data”). We view and use Contact Data only to provide Services to you, at your direction.

5. Prohibited Conduct & Compliance with Laws

You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You represent and warrant that your access to and use of the Services will comply with all applicable laws, rules and regulations, including but not limited to those that relate to privacy and data protection and to the sending of electronic communications. You are solely responsible for determining whether our Services are suitable for use in light of any laws and regulations that govern your entity, industry, or relationship with your own contacts.

6. Terms of Sale

Our services are offered on a project basis, which may include one-time setup fees and optional recurring maintenance fees. All fees will be detailed in a separate Statement of Work or agreement. WHEN YOU ENGAGE OUR SERVICES, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) THAT'S MY AI GUY (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU FOR THE AGREED-UPON FEES, AND (B) FOR ANY RECURRING SERVICES, YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SERVICES IN ACCORDANCE WITH THESE TERMS. You may cancel recurring services at any time by contacting us. All cancellation requests will take effect at the end of then-current billing period.

7. Limited License; Copyright and Trademark

Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “That's My AI Guy Content”) are owned by or licensed to That's My AI Guy and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, That's My AI Guy and our licensors reserve all rights in and to our Services and the That's My AI Guy Content.

8. Third Party Content and Services

We may display content, advertisements and promotions from third parties through the Services (“Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content. We may also provide you with access to certain services, features or functionality offered by a third party in connection with the Services. Use of any such services will be subject to separate terms of service between you and such third party.

9. Feedback

Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about That's My AI Guy or our products or Services (collectively, “Feedback”), is non-confidential and will become the sole property of That's My AI Guy. We will own exclusive rights, including all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

10. Publicity

You agree to be identified as a customer of That's My AI Guy and that we may refer to you by name, trade name, and trademark, and may describe your business in our marketing materials and on our website. You hereby grant That's My AI Guy a nonexclusive, royalty-free license to use your name and any of your trade names, trademarks, and logos for this purpose.

11. Copyright Complaints

We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify our Designated Agent at legal@thatsmyaiguy.com.

12. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless That's My AI Guy and its officers, directors, agents, partners and employees (collectively, the “That's My AI Guy Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs arising out of or related to (a) your access to or use of our Services; (b) your User Content or Feedback; (c) your violation of these Terms; or (d) your violation of any rights of another.

13. Disclaimers

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

14. Limitation of Liability

THAT'S MY AI GUY AND THE OTHER THAT'S MY AI GUY PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS. THE TOTAL LIABILITY OF THAT'S MY AI GUY AND THE OTHER THAT'S MY AI GUY PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ACCESS OR USE OUR SERVICES.

15. Release

To the fullest extent permitted by applicable law, you release That's My AI Guy and the other That's My AI Guy Parties from responsibility, liability, claims, demands, and/or damages of every kind and nature, known and unknown, arising out of or related to disputes between users and the acts or omissions of third parties.

16. Transfer and Processing Data

By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.

17. Export Control, Sanctions Compliance and Anti-Corruption Compliance

The receipt and use of our Services may be subject to export control and economic sanctions laws of the United States and other applicable government authorities. You agree to abide by all such laws as they relate to your access and use of our Services. You will comply with all applicable United States and international anti-corruption and anti-bribery laws and regulations.

18. Commercial Items

If acquired by any agency of the U.S. Government, such agency acknowledges that the Services constitute "commercial computer software" or "commercial computer software documentation" and such agency's rights are limited to those specifically granted under these Terms.

19. Dispute Resolution; Binding Arbitration

Except for small claims disputes, you and That's My AI Guy waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes will be resolved through confidential binding arbitration held in the state of Delaware in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. You and That's My AI Guy agree that any dispute is personal to you and That's My AI Guy and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

20. Governing Law and Venue

These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of the State of Delaware, without regard to conflict of law rules or principles. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Delaware.

21. Changes to these Terms

We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the “Last Updated” date above. Your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes.

22. Termination

We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

23. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

24. Miscellaneous

These Terms constitute the entire agreement between you and That's My AI Guy relating to your access to and use of our Services. The failure of That's My AI Guy to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.