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