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Terms of Service
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Updated July 2024

Terms of Service


Term of Service for Marketing Service


Welcome to DaisyAI, LLC. By using our services, you agree to the following terms:

This Contract for Services ("Contract") is made effective at the time of sign up between the signee ("Recipient") and DaisyAI, LLC ("Provider"). By electronically agreeing to the terms of service, you hereby agree to the following terms and conditions:
1. Description of Services. Beginning on the Effective Date, the Provider will provide to the Recipient the services described in the attached Exhibit A (collectively, "DESCRIPTION OF SERVICES").
2. Payment. Payment shall be made to the Provider in the total amount listed in your subscription tier per month until termination of this Contract.
3. Term. This Contract may be terminated by either party upon 30 days' prior written notice to the other party. An email notice to the other party will suffice.
4. Work Product Ownership. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively, "Work Product") developed in whole or in part by the Provider in connection with the Services will be the exclusive property of the Provider. Upon request, the Recipient will execute all documents necessary to confirm or perfect the exclusive ownership of the Provider to the Work Product.
5. Confidentiality. The Provider and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of the Provider or divulge, disclose, or communicate in any manner any information that is proprietary to the Recipient. The Provider and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract. Any oral or written waiver by the Recipient of these confidentiality obligations which allows the Provider to disclose the Recipient's confidential information to a third party will be limited to a single occurrence tied to the specific information disclosed to the specific third party, and the confidentiality clause will continue to be in effect for all other occurrences.
6. Default. The occurrence of any of the following shall constitute a material default under this Contract: (a) The insolvency or bankruptcy of either party. (b) The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application, or sale for or by any creditor or government agency. (c) The failure to make available or deliver the Services in the time and manner provided for in this Contract.
7. Remedies. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term, or condition of this Contract, the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 30 days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such a time period shall result in the automatic termination of this Contract.
8. Force Majeure. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party who is unable to carry out its obligations and gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease, or any other public health crisis, including quarantine or other employee restrictions, fire, explosion, vandalism, storm, or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party or its employees, officers, agents, or affiliates.
9. Dispute Resolution. The parties will attempt to resolve any dispute arising out of or relating to this Contract through friendly negotiations amongst the parties. If the matter is not resolved by negotiation within 30 days, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. Any controversies or disputes arising out of or relating to this Contract will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
10. Entire Agreement. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement, whether oral or written, concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
11. Severability. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable but that by limiting such provision, it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
12. Amendment. This Contract may be modified or amended if the amendment is made in writing and is signed by both parties.
13. Governing Law. This Contract shall be construed in accordance with the laws of Texas.
14. Notice. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
15. Waiver of Contractual Right. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.
16. Attorney's Fees and Collection Costs. If there is dispute relating to any provisions in this Contract, the prevailing party is entitled to, and the non-prevailing party shall pay, the costs and expenses incurred by the prevailing party in the dispute, including but not limited to all out-of-pocket costs of collection, court costs, and reasonable attorney fees and expenses.
17. Construction and Interpretation. The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.
18. Assignment. Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, whose consent shall not be unreasonably withheld.

EXHIBIT A: DESCRIPTION OF SERVICES

Social Media Marketing

Lite

You receive the following features:
Custom AI Model - Yes
AI-Generated Posts - 24/month (incl. 2 videos)
Number of Platforms - 3
Multi-Platform Repurposing - No
Trend & Hook Optimization - No Trends
Customer Requests (Personal Images, videos or Topic idea) - 1/week
Revision Request - 1/week
Multi Location - No
Monthly Analytics Reports - No
Dedicated Social Strategist - No

Pro

You receive the following features:
Custom AI Model - Yes
AI-Generated Posts - 32/month (incl. 6 videos)
Number of Platforms - 4
Multi-Platform Repurposing - 2 repurposed posts (YouTube Short OR Instagram Reel)
Trend & Hook Optimization - AI-Optimized Hooks & Trends
Customer Requests (Personal Images, videos or Topic idea) - 2/week
Revision Request - 2/week
Multi Location - Yes
Monthly Analytics Reports - Yes (if platform supports)
Dedicated Social Strategist - No

Scale

You receive the following features:
Custom AI Model - Yes
AI-Generated Posts - 40/month (incl. 10 videos)
Number of Platforms - Up to 5
Multi-Platform Repurposing - 2 repurposed posts (YouTube Short OR Instagram Reel) + Carousels
Trend & Hook Optimization - AI-Optimized Hooks & Trends
Customer Requests (Personal Images, videos or Topic idea) - 3/week
Revision Request - 3/week
Multi Location - Yes
Monthly Analytics Reports - Yes (if platform supports)
Dedicated Social Strategist - Yes (1-on-1 Strategy Call)

Platforms we can post to include: Facebook, Instagram, Youtube Shorts, LinkedIn, X (formally Twitter), Threads, and Pinterest. If you would like to post on one of these platforms, but do not have an account, we will gladly get one set up for you for a one set up fee of $10 per account.

For posts, you may provide images/videos for use. Please provide media to agency@daisy-ai.com. If we do not have video/image media from you, we will use stock images/videos.

Analytics

If the pricing tier you have selected includes analytics, we will provide a monthly report of the analytics provided by the social medaia platforms you have selected. Please note in order for us to provide analytics for Google My Business, your business must be verified through them.

Political Neutrality

Our social media posts and marketing materials are created to promote your business's products and services. We do not support or endorse any political parties or political content. Our focus is solely on enhancing your business’s online presence and engagement.

Contact Us

If you have any questions regarding these terms, you may contact us using the information below:
DaisyAI LLC
Email: agency@daisy-ai.com


Terms of Service for GPT Mail Master


GPT-MailMaster’s use and transfer of information received from Google APIs to any other app will adhere to Google API Services User Data Policy, including the Limited Use requirements. 1. Introduction Welcome to GPT Mail Master, a product of DaisyAI, LLC. These Terms of Service ("Terms") govern your use of the GPT Mail Master service, including all features and functionalities. 2. Service Description GPT Mail Master provides AI-powered email drafting with customization options, bulk email sending capabilities, and calendar event creation for follow-ups. Users must comply with all applicable laws when using our services. DaisyAI reserves the right to terminate accounts for non-compliance. When you request to generate an email, the details provided in target audience, product/service details, tone, and additional notes will be sent to OpenAI ChatGPT. OpenAI ChatGPT will process that data into an email draft. By agreeing to these terms, you agree to send this data to OpenAI ChatGPT, which is a 3rd party. 3. User Responsibilities Users are responsible for maintaining the confidentiality of their account passwords and for all activities that occur under their account. Additionally, users are responsible for any data they provide to us when generating emails. This data is passed to OpenAI ChatGPT. DaisyAI is not responsible for how OpenAI ChatGPT may use this data. Users must not engage in activities that disrupt the service or expose data of DaisyAI or its users. 4. Account Registration and Termination Users can register for the service through the DaisyAI website. DaisyAI has the right to terminate accounts for violation of these Terms. 5. Payment Terms GPT Mail Master offers annual and monthly subscription options. Subscriptions are billed on the sign-up anniversary (annual) or every 30 days (monthly). Users can cancel anytime, with the service continuing until the end of the billing cycle. There are no refunds. 6. Intellectual Property All content and software related to GPT Mail Master are the property of DaisyAI. The service is available on a subscription basis only. 7. Liability and Indemnification DaisyAI is not liable for any losses, damages, data loss, or data leaks from the use of GPT Mail Master. Users assume full responsibility for their use of the service. 8. Dispute Resolution Disputes will be resolved internally. For unresolved disputes, users agree to arbitration, which will be conducted in accordance with applicable laws. 9. Amendments to Terms Any changes to these Terms will be communicated via email. Users must accept the revised Terms to continue using the service. 10. Contact Information For inquiries or disputes, contact us at: https://www.daisy-ai.com/ and click Contact. Conclusion By using GPT Mail Master, you agree to these Terms. We reserve the right to modify these Terms as necessary. Terms & Conditions for ArtGenius Studio Introduction Welcome to ArtGenius Studio, your go-to platform for AI-driven artwork generation, text removal, image enlargement, AI generated smart slogan, phrases, sayings TRADEMARK SEARCH and more Definitions In these Terms and Conditions, "us", "we", "our" refer to ArtGenius Studio, and "you" refers to our platform users. User Obligations Users agree to use ArtGenius Studio responsibly and not to misuse our services for any unlawful activities. Intellectual Property Rights ArtGenius Studio owns all the intellectual property rights related to our platform and services, except for the content owned by users. Limitation of Liability We are not responsible for any damage or loss related to the use or inability to use our service. Dispute Resolution Any disputes arising from these terms will be resolved through arbitration in Georgetown, Texas. Modification Clause We reserve the right to modify these terms at any time. Any changes will be posted on our platform. Trademark Search Feature Users of the ArtGenius Studio platform should be aware that our trademark search function currently only retrieves data from the United States Patent and Trademark Office (USPTO). As such, the results of a trademark search conducted through our platform may not include trademarks registered in other jurisdictions outside of the United States. DaisyAI and ArtGenius Studio do not represent or warrant the completeness or accuracy of the results obtained from a trademark search and cannot be held liable for any decisions or actions taken based on these results. Users are advised to consult with a legal professional for comprehensive trademark searches and legal advice. Contact Information For any questions or concerns regarding these Terms and Conditions, please contact us at https://www.daisy-ai.com/ and select Contact

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