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Terms of Service

Last Updated: January 15, 2024

Welcome to GoldMails. These Terms of Service ("Terms") govern your access to and use of GoldMails' website, services, and applications (collectively, the "Services"). By using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

1. Acceptance of Terms

By accessing or using GoldMails' Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms apply to all visitors, users, and others who access or use the Services.

If you are using the Services on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms, and your acceptance of these Terms will be deemed acceptance by that entity.

2. Description of Services

GoldMails provides AI-powered marketing solutions including:

  • AI Search: Semantic search technology powered by large language models and neural networks
  • Email Marketing: AI-powered email campaign management, personalization, and optimization
  • Backlink Management: AI-powered backlink analysis, opportunity identification, and monitoring
  • Custom AI Solutions: Tailored AI model development for specific business needs
  • Consulting Services: AI strategy, training, and implementation support

Our Services draw inspiration from innovative platforms including Web2AI, EngineAI, GloryAI, and others, but are independently developed and operated.

3. Account Registration and Security

Account Creation

To access certain features of our Services, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

Account Security

You are responsible for safeguarding your account credentials and for any activities or actions under your account, whether or not authorized by you. You agree to:

  • Maintain the confidentiality of your password and account information
  • Immediately notify GoldMails of any unauthorized use of your account
  • Ensure that you exit from your account at the end of each session

GoldMails is not liable for any loss or damage arising from your failure to comply with these requirements.

Account Suspension

We reserve the right to suspend or terminate your account if we suspect any unauthorized or fraudulent activity, or if you violate these Terms.

4. Subscriptions and Payments

Pricing and Plans

Our Services are offered under various subscription plans (Starter, Professional, Enterprise). Pricing and features for each plan are described on our Services page. We reserve the right to modify pricing or introduce new fees at any time upon reasonable notice.

Billing

Subscriptions are billed on a monthly or annual basis, depending on your selected plan. Payments are processed through secure third-party payment processors. You agree to pay all fees associated with your subscription, including any applicable taxes.

Refund Policy

We offer a 14-day money-back guarantee for new customers. If you are not satisfied with our Services within the first 14 days of your subscription, you may request a full refund. After this period, all fees are non-refundable.

Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period. You will not receive a refund for the current billing period.

5. User Responsibilities and Acceptable Use

Prohibited Activities

You agree not to use our Services for any unlawful purpose or in any way that could damage, disable, overburden, or impair our Services. Prohibited activities include:

  • Violating any applicable laws or regulations
  • Infringing on intellectual property rights of others
  • Sending spam, malware, or harmful content
  • Attempting to gain unauthorized access to our systems
  • Using our Services for competitive intelligence against GoldMails
  • Reverse engineering or decompiling our AI models or software
  • Using automated means to access or scrape our Services without permission
  • Interfering with other users' enjoyment of our Services

Email Marketing Compliance

If you use our email marketing services, you agree to comply with all applicable email marketing laws and regulations, including:

  • CAN-SPAM Act (United States)
  • GDPR (European Union)
  • CASL (Canada)
  • Other applicable laws in your jurisdiction

You are solely responsible for ensuring your email campaigns comply with these laws. GoldMails provides tools to help with compliance but is not responsible for your compliance.

Backlink Compliance

If you use our backlink management services, you agree to follow ethical link building practices and comply with search engine guidelines. You will not use our Services to engage in:

  • Link schemes or link farms
  • Buying or selling links without disclosure
  • Automated link generation or spam
  • Any practice that violates Google's Webmaster Guidelines

For guidance on ethical practices, we recommend reviewing resources from LinkCircle and RadicalWebAI.

6. Intellectual Property Rights

Our Intellectual Property

GoldMails owns all rights, title, and interest in and to the Services, including:

  • Our AI models, algorithms, and software
  • Our website design, content, and branding
  • Our proprietary data and analytics
  • Any improvements or modifications to the Services

You may not copy, modify, distribute, sell, or lease any part of our Services without our written permission.

Your Intellectual Property

You retain ownership of any content you submit, upload, or create using our Services ("Your Content"). By using our Services, you grant GoldMails a worldwide, royalty-free, non-exclusive license to host, store, and process Your Content as necessary to provide the Services.

AI-Generated Content

Content generated by our AI models using your inputs is owned by you, subject to these Terms. However, please note that similar outputs may be generated for other users due to the nature of AI models.

Feedback and Suggestions

If you provide feedback or suggestions about our Services, you grant us a perpetual, irrevocable, royalty-free license to use that feedback without restriction or compensation.

7. Data Privacy and Security

Our data practices are governed by our Privacy Policy. By using our Services, you consent to the collection and use of your information as described in the Privacy Policy.

Data Ownership

You retain ownership of your business data. GoldMails does not claim ownership of your data. We only use your data to provide and improve our Services.

AI Model Training

We may use anonymized and aggregated data to train our AI models. We do not use your personal or proprietary business data for model training without your explicit consent. You can opt out of model training at any time.

Data Export and Deletion

You may export your data from our Services at any time. Upon account termination, we will delete your data within 90 days, subject to legal retention requirements.

8. Service Level and Availability

Uptime Commitment

GoldMails strives to maintain 99.9% uptime for our Services. In the event of service disruption, we will make reasonable efforts to restore service promptly.

Maintenance

We may perform scheduled maintenance that could temporarily affect service availability. We will provide advance notice of scheduled maintenance whenever possible.

Service Modifications

We reserve the right to modify or discontinue any feature of our Services at any time. For material changes that affect paid subscribers, we will provide reasonable notice.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, GOLDMAILS DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

  • THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
  • AI-GENERATED CONTENT WILL BE ACCURATE, COMPLETE, OR RELIABLE
  • EMAIL MARKETING CAMPAIGNS WILL ACHIEVE SPECIFIC RESULTS
  • BACKLINK MANAGEMENT WILL IMPROVE SEARCH RANKINGS
  • ANY ERRORS OR DEFECTS WILL BE CORRECTED

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME EXCLUSIONS MAY NOT APPLY TO YOU.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOLDMAILS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO SOME LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

You agree to indemnify, defend, and hold harmless GoldMails and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of any third-party rights, including intellectual property rights
  • Your email marketing campaigns or backlink activities

12. Termination

Termination by You

You may terminate your account at any time by following the cancellation process in your account settings. Upon termination, you will lose access to the Services and your data.

Termination by Us

We may suspend or terminate your account if you violate these Terms, engage in fraudulent or harmful activities, or fail to pay fees. We may also terminate accounts that are inactive for extended periods.

Effect of Termination

Upon termination, your right to use the Services will immediately cease. Sections that by their nature should survive termination (including intellectual property, warranty disclaimers, and liability limitations) will survive.

13. Governing Law and Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

Dispute Resolution

Any dispute arising out of or relating to these Terms or our Services shall first be resolved through good-faith negotiations. If the dispute cannot be resolved within 30 days, it shall be submitted to binding arbitration in San Francisco, California, in accordance with the rules of the American Arbitration Association.

Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS AND WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS OR CLASS ARBITRATIONS.

14. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and GoldMails regarding your use of the Services.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment

You may not assign these Terms without our written consent. We may assign these Terms without restriction.

Force Majeure

We are not liable for delays or failures in performance resulting from causes beyond our reasonable control, including natural disasters, war, terrorism, or internet outages.

15. Contact Information

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

  • Email: legal@goldmails.eu
  • Phone: +1 (234) 567-890
  • Mail: GoldMails Legal Department, 123 AI Innovation Drive, Suite 400, San Francisco, CA 94105, United States

16. Changes to These Terms

We may update these Terms from time to time. We will notify you of any material changes by:

  • Posting the updated Terms on this page
  • Updating the "Last Updated" date
  • Sending you an email notification

Your continued use of the Services after any changes constitutes acceptance of the updated Terms.

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

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