These Terms and Conditions ("Agreement") govern the use of the AI On-Page Content Generation Tool ("voicePerfect" or “Tool”) provided by Loud Interactive LLC ("Provider"). By accessing or using the Tool, you ("User") agree to be bound by these terms. If you do not agree with any part of these terms, please refrain from using the Tool.
Provider grants User a limited, non-exclusive, non-transferable license to access and use the Tool solely for generating on-page content.
User agrees not to:
(a) Reverse engineer, decompile, or otherwise attempt to extract the source code of the Tool;
(b) Use the Tool for any unlawful purpose or in a manner that violates any applicable laws or regulations;
(c) Transmit or distribute any viruses, malware, or harmful code through the Tool;
(d) Impersonate any person or entity, or falsely represent User's affiliation with any person or entity;
(e) Use the Tool in any way that may harm, disable, overburden, or impair the Provider's servers or networks;
(f) Modify, adapt, translate, or create derivative works based upon the Tool; and
(g) Use the Tool for any illegal, fraudulent, or unauthorized activities.
(a) Authority: User represents and warrants that User has the full authority and legal right to act on behalf of the website or online platform for which the content is being generated using the Tool. The User possesses the necessary permissions and authorizations to generate and publish content on behalf of the website or online platform.
(b) Compliance with Laws: User represents and warrants that all generated content and its use shall comply with all applicable laws, regulations, and industry standards, including but not limited to copyright laws, intellectual property rights, data protection laws, and laws governing online activities.
Provider makes no guarantees regarding the accuracy, reliability, or suitability of the content generated by the Tool. User acknowledges that the Tool relies on artificial intelligence algorithms, and the results may not always be error-free or suitable for User's specific needs.
User is solely responsible for reviewing and editing the generated content to ensure its accuracy, compliance with applicable laws, and alignment with User's objectives. Provider shall not be liable for any losses, damages, or legal consequences arising from User's use or reliance on the generated content.
The use of the Tool is subject to fees as agreed upon between User and Provider. The standard fee is $0.50 per URL processed with a minimum of $100. User agrees to pay all applicable fees promptly according to the chosen payment method.
User acknowledges that chargebacks or payment reversals are not allowed. In the event of a disputed payment, User agrees to contact the Provider directly to resolve the issue.
All refund and credit requests must be made within seven (7) days of the initial payment. Requests must be submitted in writing to the Provider, stating the reason for the refund or credit request. The Provider reserves the right to deny refund or credit requests at its sole discretion.
User acknowledges that the Tool, including any patents, copyrights, trademarks, or trade secrets associated with it, is the exclusive property of the Provider. User agrees not to remove, alter, or obscure any proprietary notices on the Tool.
User retains ownership of the content generated using the Tool. By using the Tool, User grants the Provider a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute the generated content for the purpose of providing and improving the Tool.
User will retain ownership of User’s pre-existing trademarks. Provider encourages reviewing the generated content for trademark indications (® ™) and consulting an attorney as needed.
User may terminate this Agreement by ceasing to use the Tool and deleting any downloaded copies.
Provider reserves the right to suspend or terminate User's access to the Tool at any time, without notice, for any reason, including but not limited to User's breach of these terms.
The Tool has the right to crawl the User's website for the purpose of analyzing its structure, content, and relevant information. The crawling process may involve accessing and retrieving data from the User's website.
The Tool may capture rank data, such as search engine rankings, using publicly available tools or APIs. This data may be utilized to provide insights, suggestions, or recommendations related to the User's website performance and optimization. The captured rank data will be used solely for the purpose of enhancing the Tool's functionality and improving the generated content.
The Tool may generate content that assumes a brand identity associated with the User's website or online platform. This may include using brand names, logos, or other visual or textual elements to customize the generated content for a more personalized experience. The assumed brand identity is generated solely based on the User's input and does not imply any official endorsement or affiliation with the User's brand.
The Provider will take reasonable measures to protect the privacy and security of the User's website data captured during crawling and any rank data collected. However, the User acknowledges that the internet and data transmissions are not entirely secure, and the Provider cannot guarantee the absolute security of the captured data. The User agrees that they assume any risks associated with the transmission and storage of their website data.
The User is solely responsible for ensuring that their website and any data accessed or retrieved during the crawling process comply with applicable laws, regulations, and the User's own privacy policy. The User shall indemnify and hold harmless the Provider from any claims, damages, or liabilities arising from any violations of laws or unauthorized data access through the User's website.
The User retains ownership of their website data. The Provider will use the crawled data and captured rank data solely for the purpose of providing the Tool's functionalities, improving the Tool's performance, and generating content for the User. The Provider does not claim ownership of the User's website data, and the User grants the Provider a non-exclusive license to use the data in accordance with these terms.Provider may collect and use non-identifiable information for monitoring, marketing, and improving the Tool.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL [LOUD INTERACTIVE LLC] ("PROVIDER") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR USE, INCURRED BY THE USER OR ANY THIRD PARTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE AI ON-PAGE CONTENT GENERATION TOOL ("TOOL"), EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL PROVIDER'S TOTAL LIABILITY TO THE USER FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE TOOL, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT PAID BY THE USER TO PROVIDER FOR THE USE OF THE TOOL DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.
THE USER ACKNOWLEDGES AND AGREES THAT THE TOOL IS AN AUTOMATED AI-BASED TOOL THAT GENERATES CONTENT BASED ON ALGORITHMS AND DATA. PROVIDER DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR SUITABILITY OF THE GENERATED CONTENT. THE USER IS SOLELY RESPONSIBLE FOR REVIEWING AND ENSURING THE ACCURACY, COMPLIANCE WITH APPLICABLE LAWS, AND SUITABILITY OF THE GENERATED CONTENT BEFORE PUBLISHING OR USING IT.
THE USER UNDERSTANDS AND ACKNOWLEDGES THAT THE TOOL MAY OCCASIONALLY GENERATE CONTENT THAT IS INAPPROPRIATE, OFFENSIVE, OR OTHERWISE UNDESIRABLE. PROVIDER SHALL NOT BE HELD LIABLE FOR ANY ADVERSE CONTENT GENERATED BY THE TOOL. THE USER ASSUMES FULL RESPONSIBILITY FOR THE USE OF THE TOOL AND AGREES TO EXERCISE DUE DILIGENCE AND DISCRETION WHEN UTILIZING THE GENERATED CONTENT.
THE LIMITATIONS OF LIABILITY AND DISCLAIMERS SET FORTH IN THIS CLAUSE SHALL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
THE USER ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS OF LIABILITY ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND WITHOUT SUCH LIMITATIONS, PROVIDER WOULD NOT BE ABLE TO PROVIDE THE TOOL TO THE USER.
BY USING THE TOOL, USER ACKNOWLEDGES AND AGREES TO THE LIMITATIONS OF LIABILITY SET FORTH IN THIS CLAUSE.
Provider may update or modify these Terms and Conditions from time to time. User will be notified of any material changes, and continued use of the Tool after the changes will constitute acceptance of the modified terms.
If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
This Agreement shall be governed by and construed in accordance with the laws of Illinois, without regard to its conflict of laws principles.
This Agreement constitutes the entire understanding between User and Provider regarding the Tool and supersedes all prior agreements, oral or written, regarding the subject matter.
By using the Tool, User acknowledges that they have read, understood, and agreed to abide by these Terms and Conditions.
For any questions, please contact Brent D. Payne at [email protected] or 346.800.4321