Terms of Service

Effective date: June 8, 2026  |  Last updated: June 8, 2026

1. The Service

DigitalBizAgent is an AI-powered content automation platform. Based on the business information you provide, the Service uses artificial intelligence to generate marketing content, which may include blog posts, social media posts, captions, images, and videos (collectively, "Generated Content"). At your direction, the Service can also help you publish or schedule Generated Content to third-party social media platforms that you connect to your account.

2. Eligibility and Accounts

• You must be at least 18 years old and able to form a binding contract to use the Service.
• You agree to provide accurate, current, and complete information and to keep it updated.
• You are responsible for safeguarding your account credentials and for all activity that occurs under your account.
• You must promptly notify us of any unauthorized use of your account.
• You may use the Service on behalf of a business or organization only if you are authorized to bind that entity to these Terms.

3. Credits, Subscriptions, and Billing

The Service operates on a paid model using credits and/or subscription plans. Payments are processed by our third-party payment processor, Stripe. By purchasing, you authorize us and Stripe to charge your selected payment method.

• Credits. Generating and publishing content consumes credits at the rates displayed in the Service. Credits are a prepaid license to use Service features and have no cash value.
• Subscriptions. Subscription plans renew automatically for successive periods until cancelled. You may cancel at any time; cancellation stops future renewals but does not retroactively refund the current period.
• Refunds. Except where required by law, all purchases, credits, and subscription fees are non-refundable, including for unused credits. Credits consumed to generate content are not refundable once the content has been produced.
• Failed generation. If a generation or publishing attempt fails on our side, we will make commercially reasonable efforts to refund the credits for that specific failed attempt to your account balance.
• Price changes. We may change pricing, credit rates, or plan features on a going-forward basis. Changes will not affect credits you have already purchased.
• Taxes. You are responsible for any applicable taxes other than taxes based on our net income.

4. AI-Generated Content: Important Disclaimer

Generated Content is produced by automated artificial intelligence systems. It may contain inaccuracies, errors, outdated information, or content that does not reflect your intent.

• You are responsible for reviewing all Generated Content before it is published. Publishing tools may post content to your connected accounts; you remain solely responsible for what is published under your name or brand.
• Generated Content does not constitute professional, legal, financial, medical, or other expert advice.
• AI systems may occasionally produce similar outputs for different users. We do not warrant that Generated Content is unique, original, or free of similarity to other content.
• You are responsible for ensuring that Generated Content is accurate, lawful, non-infringing, and appropriate for your audience and industry before use.

5. Ownership of Generated Content

As between you and DigitalBizAgent, and subject to your payment of applicable fees, you own the Generated Content created for your account, and we assign to you whatever rights we hold in that specific output. You grant us a limited license to store, process, and display the Generated Content as needed to operate the Service and, where you direct, to publish it to your connected platforms. We may use de-identified, aggregated data to improve the Service.

6. Your Content and Responsibilities

"Your Content" means the business information, brand details, images, text, and other materials you submit. You represent and warrant that:

• You own or have all rights and permissions necessary to submit Your Content and to allow us to use it to generate and publish content on your behalf.
• Your Content and your use of the Service do not violate any law or any third party's rights, including intellectual property, privacy, or publicity rights.
• You will review Generated Content and are solely responsible for any content you publish.

7. Acceptable Use

You agree not to use the Service to create, generate, or publish content that:

• is unlawful, fraudulent, deceptive, defamatory, harassing, hateful, or threatening;
• infringes or misappropriates any intellectual property, privacy, or publicity right;
• is sexually explicit, exploits minors, or promotes violence or illegal activity;
• contains malware, or attempts to gain unauthorized access to systems or accounts;
• impersonates any person or entity or misrepresents your affiliation;
• generates fake engagement, fake accounts, spam, or otherwise violates the terms of any connected social media platform;
• attempts to reverse engineer, scrape, overload, or interfere with the Service or its underlying AI models.

8. Connected Social Media Accounts

The Service lets you connect third-party accounts (such as Facebook, Instagram, TikTok, LinkedIn, and X) so that, at your direction, content can be published or scheduled. By connecting an account, you authorize us to access and use that account solely to provide the requested features.

• You must comply with the terms, policies, and community guidelines of each connected platform. Those platforms are independent third parties; we do not control them and are not responsible for their availability, decisions, or actions (including content removal, account restrictions, or API changes).
• You may disconnect a connected account at any time through your account settings or through the platform itself.
• We are not responsible for posts that fail to publish due to platform downtime, policy enforcement, rate limits, revoked permissions, or API changes outside our control.

9. Third-Party Services

The Service relies on third-party providers, including AI model providers, media generation providers, payment processors, hosting providers, and social media platforms. Your use of those services through DigitalBizAgent may also be subject to their respective terms. We are not responsible for the acts, omissions, or content of third-party services.

10. Intellectual Property in the Service

The Service, including its software, design, text, graphics, logos, and underlying technology (excluding Your Content and Generated Content assigned to you), is owned by DigitalBizAgent or its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. You may not copy, modify, distribute, sell, or lease any part of the Service.

11. Disclaimer of Warranties

The Service and all Generated Content are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage. We do not warrant that the Service will be uninterrupted, error-free, secure, or that Generated Content will be accurate, reliable, or fit for your purposes.

12. Limitation of Liability

To the maximum extent permitted by law, DigitalBizAgent and its owners, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunities, arising out of or relating to your use of the Service or any Generated Content, even if advised of the possibility of such damages. Our total aggregate liability for all claims relating to the Service will not exceed the greater of (a) the amounts you paid to us in the three (3) months before the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100).

13. Indemnification

You agree to indemnify, defend, and hold harmless DigitalBizAgent and its owners, employees, and suppliers from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Your Content; (b) any content you publish through the Service; (c) your use of the Service; or (d) your violation of these Terms or of any law or third-party right.

14. Termination

You may stop using the Service at any time. We may suspend or terminate your access, with or without notice, if you violate these Terms, if required by law, or to protect the Service or other users. Upon termination, your right to use the Service ceases. Sections that by their nature should survive termination (including ownership, disclaimers, limitation of liability, and indemnification) will survive.

15. Changes to the Service and Terms

We may modify or discontinue features of the Service at any time. We may also update these Terms from time to time. If we make material changes, we will update the "Last updated" date above and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

16. Governing Law and Disputes

These Terms are governed by the laws of the State of Texas, without regard to its conflict of law rules. You agree that the exclusive venue for any dispute not subject to arbitration or small claims will be the state or federal courts located in Lubbock County, Texas, and you consent to personal jurisdiction there. Nothing in this section prevents either party from seeking relief in small claims court for qualifying disputes.

17. Miscellaneous

• If any provision of these Terms is found unenforceable, the remaining provisions remain in effect.
• Our failure to enforce any right or provision is not a waiver of that right or provision.
• You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• These Terms, together with the Privacy Policy, are the entire agreement between you and DigitalBizAgent regarding the Service.

18. Contact Us

Questions about these Terms? Contact us at contact@digitalbizagent.com.