Terms of Service

1. INTRODUCTION AND ACCEPTANCE

1.1 Application of Terms. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and MessageMosaic LLC, a Colorado limited liability company ("Company," "we," "us," or "our") regarding your access to and use of the MessageMosaic platform and related services (collectively, the "Service").

1.2 Acceptance. By accessing, registering for, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

1.3 Eligibility. You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you access or use the Service on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind such entity to these Terms.

1.4 Modification. We reserve the right to modify these Terms at any time in our sole discretion. Any changes will be effective immediately upon posting the revised Terms on the Service. Your continued use of the Service following the posting of revised Terms constitutes your acceptance of such changes. You are responsible for regularly reviewing these Terms.

2. SERVICE DESCRIPTION

2.1 Service Overview. MessageMosaic is an AI-powered platform designed to create tailored messages for multiple audiences simultaneously. The Service allows users to pre-build audience profiles, specify communication preferences, and generate messages tailored for each audience.

2.2 Service Limitations. The Company makes no guarantees regarding the accuracy, quality, or appropriateness of the content generated through the Service. The Service is provided "as is" and "as available" without warranties of any kind, either express or implied.

2.3 Beta Features. From time to time, we may offer beta features or functionality. Such features are offered "as is" with no warranties and may be modified or discontinued at any time without notice.

2.4 Service Changes. We reserve the right to modify, suspend, or discontinue the Service or any features, content, or functionality at any time without notice and without liability to you.

3. USER ACCOUNTS

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

3.2 Account Security. You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.

3.3 Account Types. The Service may offer various account types, including free and premium subscriptions. The features available to you will depend on the type of account you register for or purchase.

3.4 One Account Per User. You may not create multiple accounts for the same person. We reserve the right to terminate duplicate accounts without notice.

3.5 Account Termination by User. You may terminate your account at any time by following the instructions on the Service or by contacting us at jesse@messagemosaic.ai. Account termination may not result in refunds of any kind.

3.6 Account Termination by Company. We reserve the right to terminate or suspend your account and access to the Service at any time, with or without cause and with or without notice, without incurring liability of any kind.

4. SUBSCRIPTION TERMS AND BILLING

4.1 Subscription Plans. The Service offers various subscription plans, including free and paid options. By selecting a paid subscription plan, you agree to pay the subscription fees as described at the time of purchase.

4.2 Free Trial. We may offer a free trial of premium features for a specified period. By providing your payment information during the registration process, you agree that we may automatically charge you for the subscription fee at the end of the free trial period unless you cancel your subscription before the end of the trial period.

4.3 Billing Cycle. Subscription fees will be billed on either a monthly or annual basis, depending on the plan you select. Subscription fees are non-refundable except as expressly provided in these Terms.

4.4 Automatic Renewal. Your subscription will automatically renew at the end of each billing cycle unless you cancel your subscription before the renewal date. By subscribing, you authorize us to charge your payment method on file for the subscription fee plus any applicable taxes.

4.5 Price Changes. We reserve the right to change our subscription fees at any time. If we change the fees for your subscription, we will provide notice of the change on the Service or in email to you at least 14 days before the change is to take effect. Your continued use of the Service after the fee change becomes effective constitutes your acceptance of the updated fees.

4.6 Cancellation. You may cancel your subscription at any time by following the instructions on the Service or by contacting us at jesse@messagemosaic.ai. If you cancel your subscription, you may continue to access the premium features until the end of your current billing cycle, but you will not receive a refund for the current billing cycle.

4.7 Credits System. The Service may employ a credits-based system for certain features or functionalities. Credits expire as specified at the time of purchase unless otherwise stated. Unused credits are not refundable and have no cash value.

4.8 Taxes. You are responsible for all taxes associated with your subscription, excluding taxes based on our net income. Subscription fees are exclusive of taxes unless otherwise specified.

5. USER CONTENT AND LICENSE

5.1 User Content Definition. "User Content" refers to any information, data, text, or materials that you submit, upload, or otherwise make available through the Service, including but not limited to audience profiles, product information, messages, and other content.

5.2 Ownership of User Content. You retain all ownership rights in your User Content. By submitting User Content to the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and our business operations, including for promoting and redistributing part or all of the Service.

5.3 User Content Representations. You represent and warrant that: (i) you own your User Content or have the right to grant the rights and licenses contained in these Terms; (ii) your User Content does not violate any third party's rights, including intellectual property rights and privacy rights; and (iii) your User Content complies with these Terms and all applicable laws and regulations.

5.4 User Content Storage. We may limit the amount of User Content that you can store through the Service at any time in our sole discretion. You are solely responsible for backing up your User Content.

5.5 User Content Monitoring. We do not pre-screen User Content but reserve the right to monitor, remove, or disable any User Content that, in our sole discretion, violates these Terms or is otherwise objectionable. We have no obligation to retain any of your User Content for any period of time beyond what may be required by applicable law.

5.6 Feedback. If you provide us with any feedback or suggestions regarding the Service ("Feedback"), you hereby assign to us all rights, title, and interest in and to the Feedback and acknowledge that we may use and incorporate such Feedback without any obligation to you.

6. ACCEPTABLE USE POLICY

6.1 Prohibited Activities. You agree not to use the Service to:

• Violate any applicable law, regulation, or these Terms;
• Infringe the intellectual property, privacy, or other rights of third parties;
• Upload, transmit, or distribute any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Send unsolicited messages, advertisements, or spam;
• Interfere with or disrupt the integrity or performance of the Service or the data contained therein;
• Attempt to gain unauthorized access to the Service, user accounts, or related systems;
• Collect or harvest any information from the Service, including user account information, without authorization;
• Use the Service for any illegal or unauthorized purpose;
• Engage in any activity that could disable, overburden, damage, or impair the Service.

6.2 Reporting Violations. If you become aware of a user violating these Terms, please report such violation to jesse@messagemosaic.ai. We may, at our sole discretion, take action against users who violate these Terms, including suspension or termination of their accounts.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Company Intellectual Property. The Service and its original content, features, and functionality are owned by the Company and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All rights not expressly granted to you are reserved by the Company.

7.2 Limited License. Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal or internal business purposes. This license does not include the right to copy, modify, distribute, sell, lease, transfer, publicly display, publicly perform, transmit, or otherwise use the Service except as expressly permitted by these Terms.

7.3 Restrictions. You may not attempt to reverse engineer, decompile, disassemble, or otherwise extract the source code from the Service unless such activity is expressly permitted by applicable law. You also may not remove, obscure, or alter any copyright, trademark, or other proprietary rights notices from the Service.

7.4 Trademarks. "MessageMosaic," the MessageMosaic logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.

8. CONFIDENTIALITY AND DATA SECURITY

8.1 Confidential Information. "Confidential Information" means all non-public information disclosed by one party ("Disclosing Party") to the other party ("Receiving Party"), whether orally, in writing, or by other means, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information includes your User Content; our Confidential Information includes the Service and its features and functionality; and Confidential Information of each party includes the terms of these Terms, as well as business and marketing plans, technology and technical information, product plans and designs, and business processes.

8.2 Protection of Confidential Information. The Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care) to (i) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of these Terms and (ii) limit access to Confidential Information of the Disclosing Party to its employees, contractors, and agents who need that access for purposes consistent with these Terms and who have signed confidentiality agreements with the Receiving Party containing protections not materially less protective of the Confidential Information than those herein.

8.3 Compelled Disclosure. If the Receiving Party is compelled by law to disclose Confidential Information of the Disclosing Party, it will give the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure.

8.4 Data Security. We implement appropriate technical and organizational measures to protect your personal information and User Content from unauthorized access, use, alteration, or destruction. However, no security system is impenetrable, and we cannot guarantee the security of our systems. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps in accordance with applicable laws and regulations.

9. DISCLAIMERS AND RISK ASSUMPTIONS

9.1 "As Is" and "As Available" Basis. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

9.2 No Warranty of Reliability, Accuracy, Timeliness, etc. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

9.3 AI-Generated Content. THE COMPANY SPECIFICALLY DISCLAIMS ANY WARRANTIES REGARDING THE QUALITY, ACCURACY, OR APPROPRIATENESS OF AI-GENERATED CONTENT CREATED THROUGH THE SERVICE. YOU ACKNOWLEDGE THAT AI-GENERATED CONTENT MAY REQUIRE SUBSTANTIAL REVIEW AND EDITING BEFORE USE AND MAY NOT BE SUITABLE FOR ALL AUDIENCES OR PURPOSES. YOU ASSUME ALL RISKS ASSOCIATED WITH THE USE OF AI-GENERATED CONTENT.

9.4 Jurisdictional Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.

10. LIMITATION OF LIABILITY

10.1 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

10.2 Cap on Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY DOLLARS ($50) OR (B) AMOUNTS YOU HAVE PAID THE COMPANY IN THE PRIOR 12 MONTHS (IF ANY).

10.3 Risk Allocation. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE THAT THE COMPANY HAS SET ITS PRICES AND ENTERED INTO THESE TERMS WITH YOU IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH ALLOCATE RISK BETWEEN THE COMPANY AND YOU AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.

11. INDEMNIFICATION

11.1 Indemnification. You agree to defend, indemnify, and hold harmless the Company, its directors, employees, partners, agents, suppliers, affiliates, and third-party service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms;
• Your User Content or your use of the Service;
• Your violation of the rights of a third party, including but not limited to intellectual property rights;
• Your violation of any law or regulation; or
• The use or actions of any other person or third party that accesses your account, with or without your permission.

11.2 Cooperation. You agree to cooperate as reasonably required in the defense of any claim. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with the Company in asserting any available defenses.

12. DISPUTE RESOLUTION

12.1 Informal Dispute Resolution. If you have a dispute with the Company, you agree to first contact us at jesse@messagemosaic.ai and attempt to resolve the dispute informally before pursuing other remedies.

12.2 Binding Arbitration. If we cannot resolve the dispute informally, any controversy or claim arising out of or relating to these Terms or the Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Denver, Colorado, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or the Company may seek any interim or preliminary relief from a court of competent jurisdiction in Denver, Colorado necessary to protect the rights or property of you or the Company (or its agents, suppliers, and subcontractors) pending the completion of arbitration.

12.3 Class Action Waiver. ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU UNDERSTAND THAT BY AGREEING TO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.

12.4 Opt-Out Right. You have the right to opt out of the provisions of this Section 12 by sending written notice of your decision to opt out to jesse@messagemosaic.ai within 30 days of first accepting these Terms. If you opt-out of this arbitration provision, we also will not be bound by it.

13. GENERAL PROVISIONS

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

13.2 Venue. Subject to Section 12 (Dispute Resolution), you agree that any action at law or in equity arising out of or relating to these Terms or the Service shall be filed only in the state or federal courts located in Denver, Colorado, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

13.3 Severability. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The unenforceability of any provision shall not affect the enforceability of that provision in any other situation or of any other provision of these Terms.

13.4 Waiver. The failure of the Company to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any term of these Terms by the Company must be in writing and signed by an authorized representative of the Company and will not be deemed a waiver of any other term or of any subsequent breach of the same term.

13.5 Assignment. These Terms are personal to you and may not be assigned or transferred by you without the Company's prior written consent. The Company may assign these Terms without restriction and without notice to you.

13.6 Entire Agreement. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and the Company concerning the Service. These Terms supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and the Company with respect to the Service.

13.7 Headings. The section titles in these Terms are for convenience only and have no legal or contractual effect.

13.8 Electronic Communications. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

13.9 Force Majeure. Neither party shall be liable for any failure or delay in performance under these Terms for causes beyond that party's reasonable control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or Internet service provider failures or delays.

13.10 Survival. The provisions of these Terms that by their nature should survive termination of your use of the Service will survive, including but not limited to Sections 4 (Subscription Terms and Billing), 5 (User Content and License), 7 (Intellectual Property Rights), 8 (Confidentiality and Data Security), 9 (Disclaimers and Risk Assumptions), 10 (Limitation of Liability), 11 (Indemnification), 12 (Dispute Resolution), and 13 (General Provisions).

14. CONTACT INFORMATION

14.1 Contact Details. If you have any questions about these Terms, please contact us at: