Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you and Neural Marketer LLC, doing business as NeuralMarketer (“NeuralMarketer,” “Company,” “we,” “us,” or “our”), a limited liability company registered in the State of Ohio, concerning your access to and use of neuralmarketer.com, our dashboard, our APIs, and our connected services (collectively, the “Service”).

2. Description of Service

NeuralMarketer is a marketing automation platform that combines AI-driven analysis with execution tools. The Service includes the following modules:

• FunnelVantage— AI-powered website visibility scan (SEO, AEO, GEO, CRO, design, performance) producing a numeric score, A–F grade, and recommendations.
• AI Receptionist— automated voice agent that answers calls placed to a phone number we provision for you through Twilio.
• DM Bot— automated direct-message handling on Instagram, Facebook Messenger, and WhatsApp via Meta’s APIs.
• Database Goldmine— CRM, re-engagement campaigns, and contact intelligence.
• Ads AI— advertising monitoring and recommendations for Meta Ads and Google Ads.
• Review Manager— review aggregation and AI-assisted response drafting for Google Business Profile and other review platforms.

2.1 AI Receptionist — call recording notice

When you activate AI Receptionist, calls placed to your assigned phone number are answered by an automated voice agent operated by us via Twilio. Calls are recorded and transcribed. Recordings are retained for up to 90 days and then permanently deleted. Transcripts are retained for the life of your account.

Several US states (currently California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington) require all-party consent for call recording. By default the AI agent plays a notice at the start of each call that the call may be recorded for quality and service purposes. You agree that you are solely responsible for ensuring that the recording-disclosure greeting configured for your business satisfies the consent laws of the jurisdictions where your callers are located, and you indemnify us against any claim arising from failure to do so (see Section 14).

2.2 Subscription tiers

• Starter — entry tier, billed monthly.
• Pro — full feature set, billed monthly.
• Enterprise — higher limits and dedicated support, billed monthly.

Current pricing is shown on our pricing page at checkout. We may add, change, or retire tiers with reasonable notice.

3. Eligibility and Account Requirements

You must be at least 18 years old and capable of forming a binding contract under applicable law to use the Service. You agree to:

• Provide accurate, current, and complete information about yourself and your business
• Keep your account credentials secure
• Accept responsibility for everything done under your account
• Promptly notify us at andy@neuralmarketer.com if you suspect unauthorized access

You authenticate with the Service using Firebase Authentication, including email + password sign-in or Google sign-in. You may use the Service only for lawful commercial purposes related to a business you own or are authorized to represent.

4. Payment Terms

• Billing. Subscriptions are billed in advance on a recurring basis (typically monthly). Prices are shown in USD at checkout and confirmed by Stripe.
• Auto-renewal. Subscriptions automatically renew at the end of each billing period at the then-current price until you cancel. We will email a renewal reminder before each annual renewal where required by law.
• Cancellation. You can cancel from your Billing settings at any time. Cancellation takes effect at the end of the current paid period. You retain access until then.
• Card data. All payment-card data is collected and stored exclusively by Stripe. We do not see, store, or transmit full card numbers.
• Taxes. Stated prices are exclusive of taxes. We collect sales tax / VAT where required.
• Price changes. We may change prices. Price changes take effect at your next renewal and are communicated by email at least 30 days in advance.
• Failed payments. If a payment fails, we may retry the charge and temporarily suspend paid features until payment is restored.
• Vendor pass-through fees. Some Service features (e.g., AI Receptionist call minutes, SMS, transactional email volume) consume third-party vendor capacity (Twilio, SendGrid). Heavy or abusive use may incur additional metered charges, which we will notify you of in advance.

5. Refund Policy

7-day satisfaction window. If you cancel within 7 days of your first paid subscription period and have not yet meaningfully used the Service, contact us at andy@neuralmarketer.com and we will issue a full refund of that first charge at our discretion.

After the 7-day window, subscription fees are non-refundable, including for partial periods. We will issue a pro-rata refund where required by applicable consumer protection law (for example certain EU/UK jurisdictions).

Billing errors. If you believe you were charged in error, contact us within 60 days and we will investigate. Confirmed billing errors are fully refunded.

6. Email and Messaging Communications

6.1 Transactional

By using the Service you agree to receive transactional emails necessary for service delivery (account confirmations, password resets, billing receipts, webhook alerts, security notices). These cannot be opted out of while your account is active.

6.2 Marketing

We send marketing emails (product updates, newsletter, educational content) only with your consent at signup or in account settings. Every marketing email contains an unsubscribe link.

6.3 Outbound messages you authorize the Service to send

When you use DM Bot, AI Receptionist, Database Goldmine, or other features that cause messages, calls, or emails to be sent to third parties on your behalf, you represent that you have the legal right and any required consent to do so under applicable law (including the CAN-SPAM Act, TCPA, GDPR e-privacy rules, and the terms of the underlying platforms).

7. Account Management and Termination

You may delete your account at any time from your account settings.

• Active subscriptions are immediately cancelled (no pro-rata refund for the remaining period, except as required by Section 5)
• Personal data is permanently deleted within 30 days, subject to retention required by law (see Privacy Policy § 8)
• Generated content (scans, AI outputs, transcripts) becomes inaccessible
• Account deletion is irreversible

We may suspend or terminate your account at our reasonable discretion if you materially breach these Terms, fail to pay, or use the Service in a way that creates risk for us, our other customers, or the third parties whose platforms we connect to. Where reasonable we will give you 14 days’ notice and an opportunity to cure.

8. User Obligations and Acceptable Use

You agree to use the Service only for lawful purposes and in compliance with the terms of every third-party platform you connect to it (Meta, Google, Stripe, Twilio, etc.). You agree not to:

• Use the Service for any unlawful, fraudulent, defamatory, or harmful purpose
• Send spam, bulk unsolicited messages, robocalls, or any content prohibited by CAN-SPAM, TCPA, or the rules of the platform involved
• Use AI Receptionist to make autodialed or pre-recorded outbound calls without proper consent and opt-out mechanisms
• Use DM Bot or Database Goldmine to message individuals who have not consented to receive your messages, or to scrape contacts from third-party platforms
• Use Ads AI or Review Manager to fabricate reviews, generate fake engagement, or otherwise mislead consumers
• Submit false, misleading, or deceptive information about your business or your customers
• Reverse engineer, decompile, copy, or attempt to extract the underlying source code, algorithms, or AI prompts of the Service
• Use automated systems, bots, or scrapers against the Service or its APIs beyond the limits we publish
• Attempt to gain unauthorized access to other accounts, systems, or data
• Interfere with, disrupt, overload, or impair the integrity or performance of the Service
• Use the Service to produce content that infringes third-party intellectual property, defames anyone, or violates anyone’s privacy
• Resell, sublicense, or white-label the Service to third parties without our written authorization

We may suspend any feature that, in our reasonable judgement, is being misused in a way that risks our reputation, our vendor relationships, or third-party harm.

9. Intellectual Property Rights

The Service, including its design, scoring models, AI prompts, datasets, workflows, frameworks, brand, and codebase, is owned by Neural Marketer LLC and is protected by US and international intellectual property law.

Your Content. You retain ownership of content you submit (business profile data, scan inputs, uploaded files, contact lists, message text). By submitting Content, you grant us a worldwide, royalty-free, non-exclusive license to host, process, transmit, and display it solely as needed to provide the Service to you.

AI Output. Subject to your compliance with these Terms, you own the AI-generated outputs we produce specifically for you (scan reports, ad copy, conversation drafts, etc.) and may use them for any lawful business purpose. We retain ownership of the underlying models, prompts, frameworks, and infrastructure.

Feedback. If you send us suggestions or feedback, we may use it without restriction or compensation to you.

10. AI-Generated Content and Disclaimers

We rely on third-party AI providers (primarily OpenRouter, which routes requests to upstream large language models). Your input data is processed by these providers solely to generate outputs for you. We do not authorize these providers to train their models on your data. See the Privacy Policy for details on the data flow.

11. Disclaimers and Limitation of Liability

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OF DATA OR AI OUTPUT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE AGAINST ALL THREATS, OR THAT ANY THIRD-PARTY PLATFORM WE CONNECT TO (META, GOOGLE, STRIPE, TWILIO, ETC.) WILL REMAIN AVAILABLE OR COMPATIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR LOST BUSINESS OPPORTUNITIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases our liability is limited to the greatest extent permitted by law.

12. Third-Party Services

The Service depends on third-party platforms and infrastructure providers, including Google Cloud, Stripe, Twilio, Meta, OpenRouter, Tavily, DataForSEO, and SendGrid. When you connect a third-party account (e.g., Meta Business, Google Ads, Stripe), the terms and policies of that platform also govern your use of it. We are not responsible for outages, suspensions, changes, or breaches by those providers, although we will use commercially reasonable efforts to keep our integrations working.

Some features require you to maintain a paid account or specific status with a third-party platform (e.g., a Meta Business Account, a Google Ads account, an active Twilio number). Losing access to a third-party account may render the dependent NeuralMarketer feature unavailable until restored.

13. Force Majeure

We will not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including without limitation acts of God, natural disasters, pandemic, war, terrorism, civil unrest, government action, internet or telecommunications outages, cyberattacks, or failures of third-party service providers.

14. Indemnification

You agree to indemnify, defend, and hold harmless Neural Marketer LLC (d/b/a NeuralMarketer) and its officers, directors, employees, contractors, and agents from and against any claim, demand, loss, damage, liability, cost, or expense (including reasonable attorneys’ fees) arising out of or related to:

• Your access to or use of the Service
• Your Content or your business’s underlying products, services, or practices
• Messages, calls, ads, or other communications sent through the Service on your behalf, including any claims under CAN-SPAM, TCPA, GDPR, e-privacy, state call-recording laws, or platform policies
• Your use of AI Output, including any decisions made or actions taken based on it
• Your violation of these Terms, applicable law, or any third-party right

We may, at our option, assume the exclusive defense and control of any matter subject to indemnification. You will cooperate with us in asserting any available defenses.

15. Dispute Resolution

Governing law. These Terms are governed by the laws of the State of Ohio, USA, without regard to its conflict-of-laws principles.

Binding arbitration.Any dispute, controversy, or claim arising out of or relating to these Terms or the Service, including the validity of this arbitration clause, will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and, where applicable, its Consumer Arbitration Rules. The arbitration will be conducted in English in Columbus, Ohio, or by videoconference at the arbitrator’s discretion. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver.You and we each agree to bring claims only in your or our individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of class proceeding.

Jury trial waiver. You and we each waive any right to a jury trial.

Small-claims carve-out.Either party may bring an individual action in small-claims court for disputes within that court’s jurisdiction.

Opt-out. You may opt out of the arbitration and class-action-waiver provisions by sending written notice to andy@neuralmarketer.com within 30 days of first accepting these Terms. The notice must include your name, email, and a clear statement that you opt out of arbitration.

16. Changes to Terms

We may update these Terms from time to time. Material changes will be announced by email and an in-app notice at least 30 days before they take effect, and (where required by law or where the change is material to your rights) we will obtain renewed acceptance via the signup or sign-in flow. Non-material changes (clarifications, contact updates) take effect when published. The “Last updated” date at the top of this page tracks each revision.

If you do not agree to revised Terms, your sole remedy is to stop using the Service and delete your account before the changes take effect.

17. Miscellaneous

• Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full force. The unenforceable provision will be reformed only to the minimum extent needed to make it enforceable.
• Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Neural Marketer LLC regarding the Service and supersede any prior agreements.
• Waiver. Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
• Assignment. You may not assign these Terms without our prior written consent. We may assign them freely, including in connection with a merger, acquisition, or sale of assets.
• Notices. Notices to you may be sent to the email on file for your account. Notices to us must be sent to the address in Section 18.
• Relationship. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and us.
• Export & sanctions. You represent that you are not located in, and will not use the Service from, any country or for any person subject to US sanctions.

18. Contact Information