Effective Date: 10/03/2024
This Agreement ("Agreement") is entered into between you ("User," "Customer," "you") and Latin Payments Inc., a corporation organized under the laws of New Jersey, USA, doing business as SocialMediaGuy.ai ("Company," "we," "us," "our"). By using the SocialMediaGuy.ai services, you agree to these Terms and Conditions. Please read them carefully.
By accessing or using the services provided by SocialMediaGuy.ai, you agree to comply with and be bound by these Terms and Conditions and our Privacy Policy, which is incorporated herein by reference.
SocialMediaGuy.ai provides an AI-powered service for the creation and posting of social media content on platforms including, but not limited to, Facebook, Instagram, and TikTok ("Service"). The Service allows the Customer to approve or modify posts created by the AI before publishing them. The Service also includes SMS and WhatsApp communication to gather information and media required to improve the content we create.
- Personal Information: We do not collect or store any personal information beyond what is necessary to provide our Service. We will never sell or share your personal information.
- Cookies and Tracking Technology: We use cookies and other tracking technologies solely for the purpose of improving the user experience and Service delivery.
- Consent for Communication: By using the Service, you consent to receive SMS and WhatsApp communications from us. Message and data rates from your carrier may apply.
- You agree to provide accurate and complete information when requested by SocialMediaGuy.ai to create the best possible content.
- You are responsible for providing access to the social media accounts for which you are the owner or have the legal authority to post content.
- You agree to send media, such as images and videos, that will enhance the quality of posts. Media must be lawful and free from any copyright or intellectual property infringement.
- Content Creation: The posts and media generated by SocialMediaGuy.ai are tailored to your restaurant. While we provide creative content, you are responsible for ensuring that the final posts comply with all applicable laws, including copyright laws.
- Copyright Claims: If any content is found to infringe on a third party’s copyright, you agree to address and resolve the issue. SocialMediaGuy.ai is not liable for any copyright violations or legal claims arising from the content we create and post on your behalf.
- Owner Approval: All posts created by SocialMediaGuy.ai are subject to your approval before publishing. Once approved, we will handle the scheduling and posting of the content.
- Responsibility for Posts: You retain full responsibility for all approved posts published on your social media accounts. While we craft and post content, the final approval is yours.
SocialMediaGuy.ai does not guarantee specific outcomes such as increased followers, views, engagement, or other measurable results from the use of the Service. While our AI strives to optimize content, the effectiveness of social media campaigns depends on various external factors beyond our control.
- Subscription Fee: The Service is provided on a subscription basis at a cost of $199 per month. Payments will be processed via credit card.
- Free Trial: We offer a 15-day free trial without requiring credit card information. After the free trial, the Customer must subscribe to continue using the Service.
- Cancellation: You may cancel the Service at any time by replying "STOP" via SMS or WhatsApp. Once canceled, no further charges will be incurred. However, we do not offer refunds for partial months of service if you cancel before the next billing cycle.
We reserve the right to suspend or terminate your access to the Service if:
- You breach any part of these Terms and Conditions.
- You misuse the Service or submit unlawful content.
- We deem it necessary for security reasons or operational integrity.
SocialMediaGuy.ai, its parent company Latin Payments Inc., and any of its affiliates, directors, officers, or employees shall not be held liable for any indirect, incidental, special, or consequential damages resulting from the use or inability to use the Service, even if we have been advised of the possibility of such damages.
Our maximum liability for any claim arising out of this Agreement or related to the Service shall not exceed the amount paid by you for the Service in the preceding 12 months.
You agree to indemnify, defend, and hold harmless SocialMediaGuy.ai, Latin Payments Inc., and its affiliates, directors, officers, and employees from any claims, liabilities, damages, losses, or expenses, including legal fees, arising out of or in any way connected with your use of the Service, your breach of these Terms, or the content you provide or approve.
This Agreement and any disputes arising from it shall be governed by the laws of the State of New Jersey, USA, without regard to its conflict of law principles.
SocialMediaGuy.ai reserves the right to modify these Terms and Conditions at any time. Any changes will be effective immediately upon posting on our website. Your continued use of the Service after the posting of modified Terms constitutes your acceptance of the changes.
- Cancellation Process: You may cancel the Service at any time by texting "STOP" in response to our SMS or WhatsApp communications. Upon cancellation, you will not be charged for any future months of service.
- No Refunds: If you cancel before the end of your billing cycle, no refund will be issued for the remaining time on your subscription.
These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and SocialMediaGuy.ai regarding the use of our Service and supersede any prior agreements between you and us.
If you have any questions regarding these Terms and Conditions or need assistance, please contact us at:
Email: help@latinpayments.net
Address:
8 Campus Drive, Suite #105-155
Parsippany, NJ 07054 USA
Toll-Free Number: 1-888-341-5722