Terms of Service

1. Acceptance of Terms

EnGarde Media, Inc. ("EnGarde," "we," "our," "us") provides these Terms of Service to govern your use of our website, applications, and services (the "Services"). By accessing or using our Services, you agree to be bound by these Terms. These Terms are automatically versioned for GDPR compliance.

If you do not agree to these Terms, please do not use our Services.

2. Use of Services

You may use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services in any way that violates applicable laws or regulations
• Transmit any harmful, threatening, abusive, or defamatory content
• Interfere with or disrupt the Services or servers connected to the Services
• Attempt to gain unauthorized access to any portion of the Services
• Use the Services to compete with En Garde or for any commercial purpose without our consent

3. Privacy and Data Protection

EnGarde Media, Inc. ("EnGarde," "we," "our," "us") respects your privacy. This Privacy Policy explains how we collect, use, share, and protect personal information when you use our website, applications, and services (the "Services").

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your information.

4. Intellectual Property Rights

The Services and their original content, features, and functionality are and will remain the exclusive property of EnGarde and its licensors. The Services are protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used without our prior written consent.

5. Limitation of Liability

To the fullest extent permitted by applicable law, EnGarde shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of the Services.

6. AI Services and Limitations

Our Services include AI-powered features that generate content, recommendations, and insights. You acknowledge and agree that:

• AI-generated content is provided "as is" and may contain errors, inaccuracies, or inappropriate suggestions
• You are solely responsible for reviewing, editing, and approving all AI-generated content before use
• Our AI agents provide recommendations only; you maintain full control and responsibility for all campaign execution and business decisions
• We do not guarantee that AI predictions, cultural relevance scores, or optimization recommendations will produce specific results
• Machine learning models improve over time and predictions may vary as models are updated

7. User Content and Ownership

You retain ownership of all content, data, and materials you upload to the Services ("User Content"). By using our Services, you grant us a limited, non-exclusive, worldwide license to use, store, process, and display your User Content solely to provide and improve the Services.

You represent and warrant that you own or have the necessary rights to all User Content and that your User Content does not violate any third-party rights or applicable laws.

8. Third-Party Services and Integrations

Our Services integrate with third-party platforms and services (such as social media platforms, advertising networks, and data providers). Your use of these integrations is subject to the third parties' respective terms of service and privacy policies. We are not responsible for the actions, content, or services of third parties.

You are responsible for maintaining the security of your credentials for third-party integrations and for all activities that occur under those credentials.

9. Subscription and Payment Terms

Access to certain features requires a paid subscription. By subscribing, you agree to:

• Pay all fees associated with your selected subscription tier
• Provide accurate and complete billing information
• Authorize automatic recurring charges unless you cancel your subscription
• Accept that subscription fees are non-refundable except as required by law or as otherwise stated in our refund policy

We reserve the right to modify subscription pricing with 30 days' notice. Price changes will not affect your current billing cycle.

10. Account Termination and Suspension

You may cancel your account at any time through your account settings. Upon cancellation, your access to paid features will continue until the end of your current billing period.

We reserve the right to suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or for any other reason at our sole discretion. Upon termination, your right to use the Services will immediately cease.

We will retain your data for up to 90 days after account deletion to allow for recovery. After 90 days, your data will be permanently deleted in accordance with our Privacy Policy.

11. Warranties and Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, error-free, or secure, or that any defects will be corrected. You use the Services at your own risk.

12. Dispute Resolution and Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction to protect intellectual property rights.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email (if you have provided one) or by posting a prominent notice on our Services. Your continued use of the Services after such notice constitutes acceptance of the modified Terms.

We encourage you to review these Terms periodically. The "Last updated" date at the top of this page indicates when these Terms were last revised.