Terms & Conditions

Last Updated: December 4, 2024

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Marketing Genial service operated by Marketing Genial ("us", "we", or "our").

1. Definitions

For the purposes of these Terms and Conditions:

• "Service" refers to the Marketing Genial AI-powered inventory analytics and marketing platform and all related features.
• "User," "You," or "Your" refers to the individual or business entity using the Service.
• "Account" means the unique account created for You to access our Service.
• "Content" refers to inventory data, product information, marketing materials, or other data uploaded through the Service.
• "Subscription" refers to the paid plan You select to access features of the Service.
• "Inventory Data" refers to product catalogs, SKUs, pricing, stock levels, and related information.

2. Acceptance of Terms

By creating an account, accessing, or using Marketing Genial, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as our Privacy Policy.

If you are using the Service on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms.

3. Account Registration

3.1 Eligibility

To use our Service, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal capacity to enter into binding contracts
• Operate a legitimate auto parts business
• Provide accurate and complete registration information
• Not have been previously suspended or banned from the Service

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring your account information remains accurate and up-to-date
• Implementing appropriate security measures (strong passwords, MFA)

3.3 Account Restrictions

You may not:

• Create multiple accounts for fraudulent purposes
• Share your account credentials with unauthorized parties
• Transfer, sell, or lease your account to another party
• Use automated means to create accounts or access the Service
• Impersonate another person or business

4. Service Description and Usage

4.1 Service Features

Marketing Genial provides an AI-powered platform that:

• Analyzes auto parts inventory in real-time
• Generates predictive analytics and insights
• Automates marketing campaigns based on inventory data
• Optimizes pricing strategies
• Identifies slow-moving inventory
• Integrates with e-commerce platforms, ERPs, and accounting software
• Provides performance dashboards and reporting

4.2 Acceptable Use

You agree to use the Service only for lawful purposes. You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Upload false, misleading, or fraudulent inventory data
• Use the Service for price-fixing or anti-competitive practices
• Transmit malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to the Service or related systems
• Interfere with or disrupt the Service's operation
• Scrape, copy, or reverse engineer any part of the Service
• Use the Service to compete with us or develop competing products
• Resell or sublicense the Service without authorization
• Send spam or unsolicited communications through automated campaigns

4.3 Data Accuracy

You are responsible for:

• Ensuring accuracy of uploaded inventory data
• Maintaining up-to-date product information and pricing
• Verifying AI-generated recommendations before implementation
• Compliance with product safety and labeling requirements

5. Subscription and Payments

5.1 Free Trial

We offer a 14-day free trial. During the trial:

• You have access to full platform features
• No payment information is required upfront
• Trial automatically ends after 14 days unless you subscribe
• You may cancel at any time during the trial period

5.2 Subscription Plans

Our Service offers various subscription tiers based on:

• Number of SKUs/products
• Number of users/seats
• Marketing campaign volume
• Integration requirements
• Support level

5.3 Payment Terms

• Billing Cycle: Monthly or annual billing based on your selection
• Payment Methods: Credit cards, debit cards, ACH transfers, wire transfers (for enterprise)
• Automatic Renewal: Subscriptions automatically renew unless cancelled
• Price Changes: We may change prices with 30 days' notice
• Failed Payments: Service suspended if payment fails; account terminated after 15 days
• Late Fees: 1.5% monthly interest on overdue enterprise invoices

5.4 Refunds and Cancellations

• Cancellation: Cancel anytime from account settings
• Effect: Access continues until end of current billing period
• No Refunds: No refunds for partial periods (except as required by law)
• 30-Day Guarantee: Full refund if cancelled within 30 days of first paid subscription
• Data Access: 90-day grace period to export your data after cancellation

5.5 Overage Charges

If you exceed your plan limits:

• SKU overages: $0.10 per additional SKU per month
• User overages: Prorated cost per additional user
• Campaign overages: $50 per 1,000 additional recipients
• You'll receive notification before overage charges apply

5.6 Taxes

All fees are exclusive of taxes. You are responsible for paying all applicable sales tax, VAT, GST, and other government charges.

6. Intellectual Property Rights

6.1 Our Rights

The Service and its original content, features, and functionality are owned by Marketing Genial and protected by:

• Copyright, trademark, and patent laws
• International intellectual property treaties
• Trade secret protections

6.2 Your Content and Data

You retain ownership of all inventory data and content you upload. By using the Service, you grant us a limited license to:

• Store and process your data to provide the Service
• Use anonymized data to train and improve AI models
• Generate analytics and insights from your data
• Create automated marketing campaigns based on your inventory

This license ends when you delete your data or close your account.

6.3 AI-Generated Content

For AI-generated marketing content, campaigns, and recommendations:

• You own the output generated for your business
• You are responsible for reviewing before publication
• We retain no rights to your customized AI outputs

6.4 Feedback

Any feedback, suggestions, or ideas you provide become our property, and we may use them without compensation or attribution to improve the Service.

6.5 Restrictions

You may not:

• Copy, modify, or create derivative works of the Service
• Reverse engineer, decompile, or disassemble the Service
• Remove or alter proprietary notices or branding
• Use our trademarks without written permission
• Extract or compile data systematically (scraping)

7. Data and Privacy

7.1 Data Processing

We process your data in accordance with our Privacy Policy. Key points:

• Your inventory data is encrypted and securely stored
• We do not sell your data to third parties
• You can export or delete your data at any time
• We comply with GDPR, CCPA, and other data protection laws

7.2 Data Security

While we implement industry-standard security measures, you acknowledge:

• No internet transmission is 100% secure
• You use the Service at your own risk
• We are not liable for breaches beyond our reasonable control
• You should maintain your own data backups

7.3 Your Responsibilities

You are responsible for:

• Obtaining necessary rights to upload inventory data
• Complying with data protection laws regarding customer data
• Not uploading confidential third-party information without authorization
• Maintaining backups of critical business data

8. Service Availability and Modifications

8.1 Service Availability

We strive to provide 99.9% uptime but do not guarantee uninterrupted service. The Service may be unavailable due to:

• Scheduled maintenance (typically announced 48 hours in advance)
• Emergency maintenance or security updates
• Third-party service disruptions
• Force majeure events

8.2 Service Level Agreement (SLA)

For enterprise customers:

• 99.9% monthly uptime guarantee (excluding maintenance)
• Service credits for downtime exceeding 0.1%
• Priority support response times
• Dedicated success manager

8.3 Service Modifications

We reserve the right to:

• Modify, suspend, or discontinue features
• Update platform functionality and design
• Change API integrations or capabilities
• Impose usage limits or restrictions

Material changes will be communicated 30 days in advance when possible.

9. Third-Party Integrations

9.1 Supported Integrations

Our Service integrates with various platforms:

• E-commerce: Shopify, WooCommerce, Magento, BigCommerce
• Accounting: QuickBooks, Xero, Sage
• ERPs: NetSuite, SAP, Odoo
• Marketing: Mailchimp, Klaviyo, HubSpot

9.2 Third-Party Responsibilities

You acknowledge that:

• Third-party services have their own terms and policies
• We are not responsible for third-party downtime or changes
• Integration functionality may change without notice
• Additional costs may apply for third-party services

10. Disclaimers and Limitations of Liability

10.1 Service "As Is"

10.2 AI and Analytics Limitations

You acknowledge that:

• AI predictions are probabilistic and may not always be accurate
• Pricing recommendations require human review before implementation
• Marketing campaign results can vary based on market conditions
• Historical data patterns may not predict future performance
• You are responsible for final business decisions

10.3 Limitation of Liability

11. Indemnification

You agree to indemnify, defend, and hold harmless Marketing Genial and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any laws or regulations
• Inaccurate or misleading inventory data you upload
• Your marketing campaigns or customer communications
• Intellectual property infringement claims related to your content
• Pricing decisions you implement based on AI recommendations

12. Termination

12.1 Termination by You

You may terminate your account at any time by:

• Cancelling subscription through account settings
• Contacting support to close your account
• Exporting your data before deletion (90-day window)

12.2 Termination by Us

We may suspend or terminate your account immediately if:

• You breach these Terms
• Payment fails repeatedly (after 15 days)
• You engage in fraudulent activity
• Your use poses a security risk to other users
• Required by law or legal process
• You violate acceptable use policies

12.3 Effect of Termination

Upon termination:

• Access to the Service ceases immediately
• Data retained for 90 days, then permanently deleted
• You remain liable for all fees incurred before termination
• Active marketing campaigns will be stopped
• API access is revoked
• Obligations that should survive termination remain in effect

13. Dispute Resolution

13.1 Informal Resolution

Before filing a formal claim, contact us at legal@marketinggenial.com to attempt informal resolution for 60 days.

13.2 Arbitration Agreement

Disputes shall be resolved through binding arbitration under the rules of the American Arbitration Association, except:

• Small claims court matters (under $10,000)
• Intellectual property disputes
• Claims seeking injunctive relief

13.3 Class Action Waiver

Disputes must be brought individually. You waive the right to participate in class actions or representative proceedings.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law provisions.

You agree to submit to the exclusive jurisdiction of courts located in [Your Jurisdiction].

15. Changes to Terms

We may modify these Terms at any time. We will notify you by:

• Posting updated Terms on our website
• Updating the "Last Updated" date
• Email notification for material changes
• In-app notification when you log in

Continued use after changes constitutes acceptance. If you disagree, you must discontinue use.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any Enterprise Agreements, constitute the entire agreement.

16.2 Severability

If any provision is found unenforceable, remaining provisions remain in full effect.

16.3 Waiver

Failure to enforce any right does not waive that right.

16.4 Assignment

You may not assign these Terms without our consent. We may assign our rights freely.

16.5 Force Majeure

We are not liable for delays due to circumstances beyond our control, including natural disasters, pandemics, war, terrorism, government actions, or infrastructure failures.

16.6 Export Compliance

You agree to comply with all export and import laws when using the Service internationally.

16.7 Survival

Provisions that should survive termination include: intellectual property, indemnification, warranties, liability limitations, and dispute resolution.

17. Contact Information

For questions about these Terms, contact us:

BY USING MARKETING GENIAL, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.