Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and NeuralMarketer ("Company," "we," "us," or "our"), governing your access to and use of the neuralmarketer.com website, the FunnelVantage™ AI marketing platform, and all related services, features, content, and applications (collectively, the "Service").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.

2. Eligibility

You must be at least 18 years of age and have the legal capacity to enter into a binding agreement to use the Service. By using the Service, you represent and warrant that you meet these requirements. If you are using the Service on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms.

3. Description of Service

NeuralMarketer provides an AI-powered marketing automation platform that includes, but is not limited to, the following services:

• FunnelVantage™ Scan: AI-driven website analysis providing scores and recommendations for SEO, AEO, CRO, design, performance, and content.
• AI Receptionist: AI-powered phone answering, call routing, and appointment booking.
• Social DM Bot: Automated direct message handling across social media platforms.
• Database Goldmine: AI-powered lead reactivation and database marketing campaigns.
• Paid Ads + AI: AI-optimized advertising campaign management across advertising platforms.
• AI Review Manager: Review monitoring and AI-generated response management.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

4. Account Registration & Security

To access certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information to keep it accurate and complete.
• Maintain the security and confidentiality of your login credentials.
• Accept responsibility for all activities that occur under your account.
• Notify us immediately of any unauthorized use of your account or any other breach of security.

We reserve the right to suspend or terminate your account if any information provided is inaccurate, false, or no longer current, or if you violate these Terms.

5. Acceptable Use

You agree not to use the Service to:

• Violate any applicable local, state, national, or international law or regulation.
• Infringe upon the intellectual property rights or other rights of any third party.
• Upload, transmit, or distribute any malicious code, viruses, or other harmful technology.
• Attempt to gain unauthorized access to any part of the Service, other accounts, computer systems, or networks connected to the Service.
• Use the Service to send spam, unsolicited messages, or conduct phishing activities.
• Scrape, crawl, or otherwise collect data from the Service through automated means without our express written consent.
• Interfere with or disrupt the integrity or performance of the Service.
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity.
• Use the Service in any way that could harm minors.
• Use AI-generated content produced by the Service to deceive consumers in a manner that violates applicable consumer protection laws.

6. Third-Party Integrations

The Service allows you to connect third-party accounts and services (e.g., Instagram, Facebook, Google Ads, Meta Ads, Stripe, Twilio, Google Business Profile, Cal.com, Calendly, and others). By connecting these integrations, you:

• Authorize us to access and use data from these services as necessary to provide the Service functionality you have requested.
• Acknowledge that your use of third-party services is subject to their respective terms and privacy policies.
• Understand that we are not responsible for the availability, accuracy, or practices of any third-party service.
• Accept that disconnecting an integration may impair the functionality of associated features.

7. Intellectual Property

7.1 Our Intellectual Property

The Service, including all content, features, functionality, software, text, graphics, logos, trademarks (including FunnelVantage™), and other materials, is owned by NeuralMarketer or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any portion of the Service without our express written permission.

7.2 Your Content

You retain ownership of any data, content, or materials you submit to the Service ("User Content"). By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, process, store, and display your User Content solely as necessary to provide and improve the Service. This license terminates when you delete your User Content or your account, except where retention is required by law.

7.3 AI-Generated Content

The Service may generate reports, analyses, recommendations, and other content using artificial intelligence ("AI Output"). You may use AI Output for your internal business purposes. AI Output is provided on an "as is" basis and should not be relied upon as professional advice. You are solely responsible for reviewing and validating any AI Output before taking action.

8. Payment Terms

Certain features of the Service require payment of fees. By subscribing to a paid plan or purchasing services, you agree to the following:

• You will provide accurate and complete billing information.
• Fees are billed in advance on a recurring basis (monthly or annually) depending on the plan selected, unless otherwise stated.
• All fees are non-refundable except as expressly set forth in these Terms or as required by applicable law.
• We reserve the right to change our fees upon 30 days’ prior written notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.
• Payment processing is handled by Stripe, Inc. and is subject to Stripe’s Terms of Service.
• If payment fails, we may suspend access to paid features until the outstanding balance is resolved.

9. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

AI-generated analyses, scores, recommendations, and other outputs are provided for informational purposes only and do not constitute professional marketing, legal, financial, or business advice. Results may vary and are not guaranteed. You should not rely solely on AI Output for making business decisions.

10. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall NeuralMarketer, its officers, directors, employees, agents, affiliates, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with: (a) your use of or inability to use the Service; (b) any AI-generated content or recommendations; (c) any unauthorized access to or alteration of your data; (d) any third-party conduct or content on the Service; or (e) any other matter relating to the Service.

Our total aggregate liability for all claims arising out of or relating to these Terms or the Service shall not exceed the greater of (a) the total amount you paid to us in the twelve (12) months preceding the claim, or (b) one hundred U.S. dollars ($100.00).

11. Indemnification

You agree to indemnify, defend, and hold harmless NeuralMarketer and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of a third party; or (d) your User Content.

12. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination:

• Your right to use the Service will immediately cease.
• We may delete your account and all associated data after a reasonable retention period (typically 90 days), subject to applicable law.
• Sections that by their nature should survive termination (including Intellectual Property, Disclaimer, Limitation of Liability, Indemnification, and Governing Law) shall survive.

You may terminate your account at any time by contacting us at contact@neuralmarketer.com.

13. Governing Law & Dispute Resolution

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

Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation within 30 days, either party may submit the dispute to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in the State of Ohio. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you waive any right to a jury trial.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on this page and updating the "Effective Date." For significant changes, we may also notify you via email. Your continued use of the Service after the revised Terms become effective constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service.

15. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and NeuralMarketer regarding the Service and supersede all prior agreements and understandings.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
• Force Majeure: We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including natural disasters, war, terrorism, pandemics, government actions, or internet disruptions.

16. Contact Us

If you have any questions about these Terms of Service, please contact us: