1. Acceptance of Terms
These Terms of Service (these “Terms”) constitute a legally binding contractual agreement between AgencyTitan Inc. (“AgencyTitan”, “Company”, “we”, “us”, or “our”), a Delaware corporation, and the individual or legal entity accessing our marketing website, registering for an account, or using the AgencyTitan software platform (collectively, the “Services”).
BY ACCESSING OR UTILIZING THE SERVICE, YOU AFFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ENTITY.
2. Eligibility and B2B Status
2.1 Requirements: Access to the Service is restricted to parties that can lawfully enter into and form contracts under applicable law. By using the Service, you represent and warrant that you are at least 18 years of age.
2.2 B2B Declaration: You acknowledge that the Service is a business tool intended for professional use. To the maximum extent permitted by law, you waive any “consumer protection” rights that may be applicable to personal, family, or household transactions.
3. Account Security and Audit Rights
3.1 Account Responsibility: You are solely responsible for maintaining the confidentiality of your authentication credentials. Any actions performed via your account shall be deemed your own. You shall notify AgencyTitan immediately of any unauthorized use.
3.2 Audit Rights: AgencyTitan reserves the right to monitor and audit usage of the Service to ensure compliance with the chosen Subscription Plan. If an audit reveals that usage exceeds the permitted scope, you agree to pay any applicable additional fees.
4. Service Availability and Force Majeure
4.1 Availability: Company shall use commercially reasonable efforts to make the Service available twenty-four (24) hours a day, seven (7) days a week, excluding: (i) scheduled maintenance; or (ii) unavailability caused by third-party infrastructure failures (e.g., AWS, Fly.io, or ISP outages).
4.2 Force Majeure: Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, fire, civil unrest, acts of terror, strikes, internet service provider failures, or denial-of-service (DoS) attacks.
5. Fees, Billing, and Taxes
5.1 Subscription Fees: Customer agrees to pay all fees specified in the selected Subscription Plan. Fees are quoted and payable in United States Dollars (USD).
5.2 Usage-Based Charges: Certain features, specifically AI-processing and SMS transmissions, may incur variable usage-based charges. Customer authorizes AgencyTitan to charge the designated payment method for such fees.
5.3 Non-Refundability: Notwithstanding any termination, all fees paid are non-refundable to the maximum extent permitted by law.
5.4 Promotional and API Credits: From time to time, AgencyTitan may offer promotional API credits (such as our consent opt-in bonus or starting balance promos). These credits are applied directly to your account balance and can only be used for platform usage and API fees.
- Promotional credits have zero cash value and cannot be redeemed, refunded, or cashed out under any circumstances.
- Promotional credits are strictly non-transferable and cannot be moved or sold to another account.
- Promotional starting balances are limited to one (1) promotional starting balance per individual, agency, or corporate entity.
- AgencyTitan reserves the right to immediately revoke any promotional credits, suspend accounts, and ban users if we determine, in our sole and absolute discretion, that a user is attempting to exploit, farm, or abuse the promotional credit system by creating multiple or fraudulent accounts.
6. Intellectual Property and Data Ownership
6.1 Company IP: AgencyTitan retains all right, title, and interest in and to the Service, including all source code, algorithms, and UI/UX designs. No license is granted except the limited right to utilize the Service as intended.
6.2 Customer Data: You retain all ownership rights to the data you upload to the Service (“Customer Content”). You hereby grant AgencyTitan a non-exclusive, worldwide, royalty-free license to host, transmit, and display Customer Content solely as necessary to provide the Service to you.
7. Acceptable Use and Compliance
7.1 Prohibited Conduct: Users shall not: (i) reverse engineer the Service; (ii) engage in data scraping; or (iii) circumvent any usage limits.
7.2 SMS & Communication Compliance: Customer warrants total compliance with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and 10DLC regulations. Customer shall be solely liable for any failure to obtain “Prior Express Written Consent” from recipients.
7.3 AgencyTitan SMS Program: If you opt in on our Contact page, you agree to receive the automated text messages described in the specific checkbox you selected. Informational messages may include replies to your inquiry and account or support updates. Marketing messages may include product information, promotions, and updates. Message frequency varies. Message and data rates may apply. Marketing consent is not a condition of any purchase. Reply STOP to unsubscribe and HELP for help, or use our Contact form. Carriers are not liable for delayed or undelivered messages. Our Privacy Policy describes how we use mobile information.
8. AI Features Disclaimer
8.1 Accuracy: AgencyTitan utilizes third-party AI models. We do not warrant the accuracy or reliability of any AI-generated “Output.” Users are solely responsible for reviewing and verifying AI-generated content.
8.2 No Professional Advice: Outputs are for informational purposes and do not constitute legal, financial, or professional advice.
9. Warranty Disclaimer
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AGENCYTITAN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10. Limitation of Liability
IN NO EVENT SHALL AGENCYTITAN, ITS DIRECTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER TO THE COMPANY DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
11. Indemnification
Customer shall indemnify, defend, and hold harmless AgencyTitan and its officers from and against any third-party claims, damages, or legal fees arising from: (a) Customer’s breach of these Terms; (b) Customer Content; or (c) Customer’s violation of any law, including telecommunications and privacy regulations.
12. Termination and Data Export
12.1 Termination: AgencyTitan may suspend or terminate access for non-payment or breach of these Terms.
12.2 Data Export: Upon termination, Customer shall have thirty (30) days to export Customer Content, after which AgencyTitan shall have no obligation to maintain such data.
13. Governing Law and Arbitration
13.1 Jurisdiction: These Terms are governed by the laws of the State of Delaware.
13.2 Mandatory Arbitration: Any dispute arising hereunder shall be resolved via binding arbitration administered by the American Arbitration Association (AAA).
13.3 Class Action Waiver: YOU AGREE THAT ANY PROCEEDINGS WILL BE CONDUCTED ONLY IN AN INDIVIDUAL CAPACITY AND NOT IN A CLASS OR REPRESENTATIVE ACTION.
14. Contact
For legal notices:
AgencyTitan Inc.
16192 Coastal Highway
Lewes, DE 19958, United States
Contact: agencytitan.com/contact