Terms of Service

Welcome

Welcome and thank you for your interest in AI Marketing LLC, doing business as LossManagement AI (lossmanagement.net) ("LossManagement AI", "we", "us" or "our"). This Terms of Service Agreement ("Terms of Service", and together with any applicable Supplemental Terms, the "Agreement") describes the terms and conditions that apply to your use of:

• The website located at lossmanagement.net and its subdomains (collectively, the "Website")
• Any mobile application(s) that we offer subject to these Terms of Service (each, an "Application")
• The products, services, content, and other resources available on or enabled via our Website or any Application, including our product, integrations, mobile applications, APIs, and tools and documentation (collectively, the "Service")

1. Use of the Service

1.1 Application License

Subject to your compliance with this Agreement, LossManagement AI grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single device that you own or control and to run such copy of the Application solely for your own personal or internal business purposes.

1.2 Supplemental Terms

Your use of certain features and functionality of the Service may be subject to additional terms ("Supplemental Terms"). If these Terms of Service are inconsistent with the Supplemental Terms, then the Supplemental Terms control with respect to such supplemental Service.

1.3 Updates

You understand that the Service is evolving. LossManagement AI may require you to install updates to the software or applications that you have installed on the devices through which you access or use the Service. You acknowledge and agree that LossManagement AI may update the Service with or without notifying you.

2. Registration

2.1 Registering Your Account

In order to access certain features of the Service, you may be required to register an account on the Service ("Account"). In the case of an enterprise customer (an "Enterprise Customer"), the initial registered user will be designated as the administrator (the "Admin") by default.

2.2 Registration Data

In registering an account on the Service, you shall (i) provide true, accurate, current, and complete information about yourself as prompted by the registration form (the "Registration Data"), and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.

2.3 Your Account

You acknowledge and agree that you have no ownership or other property interest in your Account. You are responsible for all activities that occur under your Account. You shall monitor your Account to restrict use by minors. You may not share your Account or password with anyone. You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself.

3. Content and Ownership

3.1 Your Content

You are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Service ("Your Content"). LossManagement AI does not claim ownership of Your Content. However, when you make Content available on or to the Service, you grant LossManagement AI a non-exclusive, transferable, perpetual, irrevocable, worldwide, fully-paid, royalty-free license to use, copy, reproduce, modify, adapt, and distribute Your Content for the purposes of operating and providing the Service to you and our other users.

3.2 The Service

Except with respect to Your Content, you agree that LossManagement AI and its suppliers own all rights, title and interest in the Service. You shall not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service.

3.3 Feedback

You agree that submission of any ideas, suggestions, documents, and/or proposals to LossManagement AI through feedback or similar pages is at your own risk. You hereby grant to LossManagement AI a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use, reproduce, perform, display, distribute, adapt, modify, and otherwise commercially exploit any and all Feedback.

4. User Conduct

As a condition of use, you agree not to:

• License, sell, rent, lease, transfer, assign, or commercially exploit the Service
• Modify, translate, adapt, reverse engineer, decompile, or disassemble any part of the Service
• Use manual or automated software to scrape or download data from the Service
• Impersonate any person or entity
• Interfere with or attempt to interfere with the proper functioning of the Service
• Make available any Content that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, or offensive

5. Fees and Payment Terms

5.1 Third-Party Payment Provider

LossManagement AI uses Stripe, Inc. as its third-party service provider for payment services. You agree to be bound by Stripe's Privacy Policy and Terms of Service.

5.2 Payment

You shall pay all fees in accordance with the fees and billing terms in effect at the time a fee is due and payable. All fees for the Service are non-refundable except as expressly set forth in this Agreement.

5.3 Subscriptions and Automatic Renewal

If you purchase a Subscription, it will continue and automatically renew at LossManagement AI's then-current price until terminated. By subscribing, you authorize LossManagement AI to charge your payment method now and at the beginning of each subsequent subscription period.

5.4 Cancellation

If you cancel your Subscription, you may use it until the end of your then-current Subscription term. However, you will not be eligible for a prorated refund of any portion of the fee paid for the then-current Subscription period.

5.5 Free Trials

Any free trial must be used within the specified time. At the end of the trial period, your use will automatically roll into a paid Subscription if you do not cancel prior to the Subscription commencement date.

7. Limitation of Liability

7.1 Disclaimer of Certain Damages

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL LOSSMANAGEMENT AI BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE.

7.2 Cap on Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, LOSSMANAGEMENT AI SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (i) THE TOTAL AMOUNT PAID BY YOU DURING THE THREE-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY; OR (ii) $100.

8. Indemnification

You shall indemnify and hold LossManagement AI, its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors harmless from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of:

• Your Content
• Your use of, or inability to use, the Service
• Your violation of this Agreement
• Your violation of any rights of another party
• Your violation of any applicable laws, rules or regulations

9. Termination

9.1 Term

This Agreement commences when you accept it and continues while you use the Service, unless terminated earlier.

9.2 Termination by LossManagement AI

If you have materially breached any provision of this Agreement, LossManagement AI has the right to immediately suspend or terminate the Service. LossManagement AI may also terminate this Agreement without cause upon notice to you.

9.3 Termination by You

You may terminate this Agreement by notifying LossManagement AI and closing your Account. Termination will be effective at the end of your then-current Subscription term.

9.4 Effect of Termination

Upon termination, your right to use the Service will automatically terminate, and we may delete Your Content. All provisions of this Agreement which by their nature should survive will survive termination.

10. Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

10.1 Applicability

You and LossManagement AI agree that any dispute arising out of or relating to your use of the Service or this Agreement will be resolved by binding arbitration, rather than in court, except that you or LossManagement AI may seek equitable relief in court for infringement or other misuse of intellectual property rights.

10.2 Informal Dispute Resolution

Before commencing arbitration, you and LossManagement AI agree to first attempt to resolve disputes informally. The party initiating a dispute must give written notice to the other party, and an Informal Dispute Resolution Conference must occur within forty-five (45) days.

10.3 Waiver of Jury Trial

YOU AND LOSSMANAGEMENT AI HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.

10.4 Class Action Waiver

YOU AND LOSSMANAGEMENT AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS.

10.5 Arbitration Rules

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules then in effect. The arbitration will be conducted in the county where you reside.

10.6 30-Day Right to Opt Out

You have the right to opt out of this Arbitration Agreement by sending written notice to: AI Marketing LLC, Legal Department, 1700 W. Higgins Rd. Suite #430, Des Plaines, IL 60018 within thirty (30) days after first becoming subject to this Arbitration Agreement.

11. General Provisions

11.1 Governing Law

This Agreement will be governed by and interpreted under the laws of the State of Delaware, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.

11.2 Exclusive Venue

To the extent litigation is permitted under this Agreement, both you and LossManagement AI agree that all claims and disputes will be litigated exclusively in the state or federal courts located in the State of Delaware.

11.3 Agreement Updates

LossManagement AI may update this Agreement at any time. If we make material changes and you have an Account, we will send an email to the address associated with your Account. Changes will be effective thirty (30) days after posting for users with an Account.

11.4 Electronic Communications

You consent to receive communications from LossManagement AI in electronic form, and agree that all terms, agreements, notices, and disclosures provided electronically satisfy legal requirements.

11.5 Export Control

You may not use, export, or transfer the Service except as authorized by U.S. law. You represent that you are not located in a country subject to U.S. Government embargo or designated as a "terrorist supporting" country.

11.6 Entire Agreement

This Agreement is the final, complete and exclusive agreement between the parties with respect to the subject matter hereof and supersedes all prior discussions.

12. Contact Information

For questions, complaints or claims with respect to the Service, please contact us at: