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IP Bot - Terms of Service

IP Bot Software as a Service Subscriber Agreement and Terms of Service

Effective Date: September 27, 2024

This Subscriber Agreement and Terms of Service ("Agreement") is a legal contract between you (the "Client," "you," or "your") and Island Pitch LLC ("Island Pitch," "we," "us," or "our"). By purchasing, subscribing to, or using the IP Bot Software as a Service ("IP Bot"), you agree to be bound by the terms and conditions outlined in this Agreement.

1. Overview of Services

IP Bot is a subscription-based service that automates social media interactions for businesses and individuals. The service includes automated engagement (such as likes, comments, and responses), performance tracking, and related support services.

By subscribing to the IP Bot service, you agree to the scope, functionality, and limitations of the service as described in this Agreement and related documentation.

2. Subscription and Payment Terms

a. Fees and Billing

  • The initial setup fee for IP Bot is $1,200, which includes consultation, build-out, testing, and the first three months of service.
  • Following the initial period, the subscription fee is $200 per month.
    • Additional charges may apply for exceeding 1,500 interactions per month, at a rate of $50 for every additional 500 interactions.
    • Interaction overage charges will be billed automatically in increments of $50
  • Payment is due monthly in advance for subscription services, starting on the date the IP Bot goes live.

b. Billing Information

  • You agree to provide accurate billing information and maintain up-to-date payment details.
  • Island Pitch will invoice you automatically each billing period, and you authorize Island Pitch to charge your credit card or other payment method on file for recurring subscription fees.

c. Non-Payment

  • Failure to pay subscription fees on time may result in the suspension or termination of the IP Bot service. Island Pitch reserves the right to apply late fees or penalties in accordance with applicable laws.

3. Service Scope and Limitations

a. Scope of Service

The IP Bot service includes the setup, configuration, and management of an automated social media interaction tool. The specific functionality and level of service are described in the service documentation provided during onboarding.

b. Service Limitations

  • IP Bot is subject to third-party platform limitations (e.g., social media APIs) and changes beyond our control.
  • We do not guarantee specific results or engagement metrics from the use of IP Bot.
  • You are responsible for ensuring that IP Bot complies with your social media platform's terms of use, including any automation restrictions.

4. Client Responsibilities

a. Compliance with Laws and Platform Terms

You are responsible for ensuring that your use of the IP Bot complies with applicable laws, including privacy laws, and the terms and conditions of any platforms or services where IP Bot is used (e.g., Instagram, Facebook).

b. End-User Privacy and Data

As the Client, you are responsible for managing the personal data of your end-users (e.g., customers, followers, prospects) collected through the IP Bot service. You must maintain your own privacy policy and terms of service that govern the collection, use, and protection of end-user data.

c. Data Accuracy

You agree to provide accurate information when setting up and using IP Bot. Island Pitch is not responsible for any errors caused by inaccurate or incomplete information provided by you or the underlying language models utilized. We acknowledge this is an emerging technology and may require additional training while the technology and implementations evolve.

5. Term and Termination

a. Term

This Agreement becomes effective upon your subscription to the IP Bot service and remains in effect until terminated by either party.

b. Termination by Client

You may terminate your subscription at any time by providing written notice to Island Pitch or managing your subscription via the online portal. Cancellations will stop the next scheduled payment and services will continue until your last pre-paid subscription date. Upon termination, you are responsible for any outstanding subscription fees and related charges up to the termination date.

c. Termination by Island Pitch

We reserve the right to terminate or suspend your access to the IP Bot service immediately if:

  • You fail to make required payments.
  • You violate the terms of this Agreement or applicable laws.
  • We determine that your use of IP Bot could harm the service, our reputation, or other users.

d. Effect of Termination

Upon termination, your access to IP Bot will be deactivated, and you will no longer have access to any data associated with the service unless otherwise agreed. Island Pitch is not responsible for retaining your data beyond the termination date.

6. Intellectual Property

a. Ownership of IP Bot

Island Pitch retains all rights, title, and interest in and to the IP Bot software, including all related intellectual property. You do not acquire any ownership interest in the IP Bot service or software by subscribing to or using the service.

b. Client Content

You retain ownership of any content you provide through the IP Bot service (e.g., social media posts, customer data), subject to Island Pitch’s right to use such content solely to provide the IP Bot service.

c. License to Use IP Bot

Island Pitch grants you a limited, non-exclusive, non-transferable, and revocable license to use IP Bot solely for the purpose of automating social media interactions for your business, subject to this Agreement.

7. Liability and Indemnification

a. Limitation of Liability

Island Pitch’s liability to you for any damages arising out of or related to this Agreement, whether in contract, tort, or otherwise, shall not exceed the total amount of subscription fees paid by you in the preceding 12 months.

b. Indemnification

You agree to indemnify and hold harmless Island Pitch, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including legal fees) arising out of:

  • Your use of the IP Bot service.
  • Any violation of this Agreement.
  • Any violation of third-party rights, including platform terms or privacy laws, by you or your end-users.

8. Warranties and Disclaimers

a. Disclaimer of Warranties

IP Bot is provided on an "as is" and "as available" basis. Island Pitch disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

b. No Guarantee of Results

Island Pitch does not guarantee any specific results, engagement, or performance metrics from your use of IP Bot. Your use of the service is at your own risk.

9. Data Privacy and Security

We prioritize the security of your data and have implemented reasonable technical and organizational measures to protect your information. However, no system is entirely secure, and we cannot guarantee the absolute security of your data.

As outlined in our Privacy Policy, you are responsible for managing and safeguarding the personal information of your end-users.

10. Governing Law and Dispute Resolution

This Agreement is governed by the laws of the State of [Your State], without regard to its conflict of law provisions. Any disputes arising out of or relating to this Agreement shall be resolved through binding arbitration in Los Angeles County, California, USA.

11. Amendments to the Agreement

Island Pitch reserves the right to amend this Agreement from time to time. Any changes will be communicated to you via email or through a notice on our website. Your continued use of IP Bot after such changes constitutes acceptance of the revised Agreement.

12. Severability

If any provision of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.

13. Entire Agreement

This Agreement, along with any accompanying documents, constitutes the entire agreement between you and Island Pitch regarding the use of the IP Bot service and supersedes any prior agreements, communications, or representations.

14. Contact Information

If you have any questions or concerns regarding this Agreement, please contact us at:

Island Pitch LLC
3716 E 7th St
Long Beach, CA 90804
support@islandpitch.com