1. Acceptance of Terms
By accessing or using ExpertLayer's services ("Services"), you ("Client," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
2. Description of Services
ExpertLayer provides AI-powered automation solutions for small businesses, including but not limited to:
- Content creation and social media management
- Customer service automation (chatbots, automated responses)
- Lead management and CRM automation
- Administrative task automation
- Financial process automation
- HR process automation
3. Service Plans and Billing
3.1 Service Plans
Services are provided under various subscription plans as detailed on our website. Plan features, limitations, and pricing are subject to change with 30 days' notice.
3.2 Payment Terms
- Fees are billed in advance on a monthly or annual basis
- All fees are non-refundable except as expressly stated
- Failure to pay may result in service suspension or termination
- You authorize automatic billing to your designated payment method
3.3 Price Changes
We reserve the right to modify pricing with 30 days' written notice. Changes will take effect at your next billing cycle.
4. Account Registration and Security
4.1 Account Information
You must provide accurate, complete, and current information during registration and maintain the security of your account credentials.
4.2 Account Responsibility
You are responsible for all activities under your account and must notify us immediately of any unauthorized access.
5. Data and Privacy
5.1 Client Data
You retain ownership of all data you provide to ExpertLayer ("Client Data"). You grant us a limited license to use Client Data solely to provide Services.
5.2 Data Security
We implement industry-standard security measures to protect Client Data, but cannot guarantee absolute security.
5.3 Data Processing
Our data processing practices are governed by our Privacy Policy and Data Processing Agreement.
6. Acceptable Use
You agree not to:
- Use Services for illegal activities or to violate third-party rights
- Attempt to interfere with or disrupt Services
- Use Services to send spam or unsolicited communications
- Reverse engineer or attempt to extract source code
- Resell or redistribute Services without authorization
7. AI Service Limitations
7.1 AI Accuracy
AI-generated content and automated processes may contain errors. You are responsible for reviewing and approving all AI outputs before use.
7.2 Human Oversight
Critical business decisions should maintain human oversight. ExpertLayer is a tool to assist, not replace, human judgment.
7.3 Compliance
You remain responsible for ensuring all AI-assisted activities comply with applicable laws and regulations.
8. Intellectual Property
8.1 Our IP
ExpertLayer retains all rights to our platform, technology, and proprietary methods.
8.2 Client Content
You retain rights to your original content. AI-generated content based on your inputs is considered your property.
9. Service Level Agreement
9.1 Uptime
We target 99.5% uptime for our core services, calculated monthly.
9.2 Support
Support response times vary by plan level and are detailed in our Service Level Agreement.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
10.1 Disclaimer
SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
10.2 Limitation
IN NO EVENT SHALL EXPERTLAYER'S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM.
10.3 Exclusions
WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
11. Indemnification
You agree to indemnify and hold ExpertLayer harmless from claims arising from:
- Your use of Services
- Your violation of these Terms
- Your violation of third-party rights
- Content you provide or AI outputs you deploy
12. Termination
12.1 Termination Rights
Either party may terminate with 30 days' written notice. We may terminate immediately for breach of Terms.
12.2 Effect of Termination
Upon termination:
- Your access to Services will cease
- You may export your data for 30 days
- All payment obligations remain due
13. Data Export and Portability
Upon termination or request, we will provide your Client Data in a standard format within 30 days.
14. Modifications to Terms
We may modify these Terms with 30 days' notice. Continued use constitutes acceptance of modified Terms.
15. Governing Law
These Terms are governed by [State] law without regard to conflict of law principles.
16. Dispute Resolution
16.1 Informal Resolution
Parties will attempt to resolve disputes informally for 30 days before formal proceedings.
16.2 Binding Arbitration
If informal resolution fails, disputes will be resolved through binding arbitration under [Arbitration Rules].
17. Miscellaneous
17.1 Entire Agreement
These Terms, along with our Privacy Policy and any service-specific agreements, constitute the entire agreement.
17.2 Severability
If any provision is unenforceable, the remainder of Terms will remain in effect.
17.3 Assignment
You may not assign these Terms without our consent. We may assign without restriction.
18. Contact Information
For questions about these Terms, contact us at:
- Email: legal@expertlayer.co
- Address: 111 NE 1st Street, Miami, FL 33132
BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.
