Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Senior Care Marketing AI, LLC ("Company," "we," "us," or "our"), a Wyoming limited liability company, concerning your access to and use of the SCM Studio platform (the "Service").

By creating an account, accessing, or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.

2. Service Description

SCM Studio is a B2B marketing intelligence platform designed specifically for senior living communities. Our Service provides:

• Market Intelligence - Competitive analysis, keyword research, and market insights
• Google Ads Optimization - Campaign analysis, recommendations, and automated improvements
• Website Analysis - SEO audits, performance monitoring, and content recommendations
• Reporting & Analytics - Customized reports on marketing performance and opportunities
• Automation Tools - AI-powered agents for marketing tasks and optimizations

All outputs, recommendations, and reports are advisory in nature and should be reviewed by qualified professionals before making business or investment decisions.

3. Account Registration and Eligibility

3.1 Eligibility

To use the Service, you must:

• Be at least 18 years of age
• Have the legal authority to enter into these Terms
• Not be prohibited from using the Service under applicable laws
• Be using the Service for legitimate business purposes in the senior care industry

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring your account information is accurate and up-to-date

3.3 One Account Per User

Each user may maintain only one active account. Creating multiple accounts for the same individual or sharing accounts among multiple users is prohibited.

4. Acceptable Use Policy

4.1 Permitted Uses

You may use the Service to:

• Analyze and optimize marketing performance for senior living communities
• Generate reports and recommendations for your business operations
• Access and manage your connected marketing accounts (Google Ads, Analytics, etc.)
• Collaborate with team members within your organization

4.2 Prohibited Activities

You agree NOT to:

• Redistribute or resell - Share, sell, or redistribute reports, data, or insights to third parties outside your organization
• Reverse engineer - Attempt to reverse engineer, decompile, or discover the source code of the Service
• Scrape or crawl - Use automated tools to extract data from the Service beyond authorized API usage
• Violate platform policies - Use the Service to violate Google Ads, Analytics, or other third-party platform policies
• Spam or abuse - Send unsolicited communications or abuse Service features
• Interfere with operations - Disrupt, damage, or impair the Service or its infrastructure
• Violate laws - Use the Service for illegal activities or to violate applicable regulations
• Impersonate - Impersonate another user, organization, or entity
• Collect user data - Harvest or collect information about other users without consent

4.3 Third-Party Platform Compliance

When connecting third-party accounts (Google Ads, Analytics, etc.), you must comply with those platforms' terms of service and policies. We are not responsible for your violations of third-party terms.

5. Intellectual Property Rights

5.1 Our Intellectual Property

The Service, including all software, algorithms, designs, content, trademarks, and documentation, is owned by Senior Care Marketing AI, LLC and protected by United States and international intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Service for your internal business purposes only.

5.2 Your Content

You retain ownership of any data, content, or materials you upload to the Service ("Your Content"). By uploading Your Content, you grant us a limited license to:

• Process and analyze Your Content to provide the Service
• Store Your Content securely on our servers and backup systems
• Display Your Content back to you in reports and dashboards

We do not claim ownership of Your Content and will not use it for purposes other than providing the Service to you, except as required by law or with your explicit consent.

5.3 Generated Reports

Reports, recommendations, and insights generated by our Service based on Your Content and public data are licensed to you for your internal business use. You may not redistribute these reports to third parties without our written consent.

6. Payment and Subscription Terms

6.1 Fees and Billing

Access to certain features of the Service may require a paid subscription. Subscription fees, billing cycles, and payment terms will be provided during the signup process or upon request.

6.2 Automatic Renewal

Subscriptions automatically renew at the end of each billing cycle unless canceled before the renewal date. You authorize us to charge your payment method for renewal fees.

6.3 Cancellation and Refunds

You may cancel your subscription at any time through your account settings or by contacting support. Upon cancellation:

• You will retain access to paid features until the end of your current billing period
• No refunds will be issued for partial months or unused services
• Your account will convert to a free tier (if available) or be deactivated after the billing period ends

6.4 Price Changes

We reserve the right to modify subscription prices with 30 days' advance notice. Price changes will not affect your current billing cycle but will apply upon renewal.

7. Service Availability and Modifications

7.1 Service Availability

We strive to provide continuous, reliable service but cannot guarantee 100% uptime. The Service may be temporarily unavailable due to:

• Scheduled maintenance (with advance notice when possible)
• Emergency maintenance or security updates
• Technical issues or infrastructure failures
• Third-party service disruptions (Google APIs, hosting providers, etc.)

7.2 Service Modifications

We reserve the right to modify, update, or discontinue any aspect of the Service at any time, including:

• Adding new features or functionality
• Removing or deprecating features with reasonable notice
• Changing user interface designs or workflows
• Updating integrations with third-party platforms

Material changes that significantly impact paid features will be communicated with advance notice.

8. Data and Privacy

Our collection, use, and protection of your information are governed by our Privacy Policy, which is incorporated into these Terms by reference. Key points:

• No data sales - We never sell your data to third parties
• US-based operations - All data is stored and processed in the United States
• Data security - Industry-standard encryption and security measures
• Data removal - You may request deletion of your data at any time
• Third-party services - We use carefully selected service providers (see Privacy Policy for details)

For detailed information about our data practices, please review our Privacy Policy.

9. Disclaimers and Limitations of Liability

9.1 Service Provided "As Is"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

9.2 No Guarantee of Results

We do not guarantee specific results, outcomes, or improvements to your marketing performance. All recommendations and insights are advisory and based on automated analysis and AI algorithms, which may contain errors or inaccuracies.

9.3 Third-Party Services

We are not responsible for the availability, accuracy, or functionality of third-party services (Google Ads, Analytics, etc.) that integrate with our platform. Any issues with third-party platforms are outside our control.

9.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SENIOR CARE MARKETING SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100 USD IF NO FEES WERE PAID.

9.5 Professional Advice Disclaimer

The Service provides marketing intelligence and recommendations but is not a substitute for professional marketing, legal, financial, or medical advice. You should consult with qualified professionals before making significant business decisions based on our reports.

10. Indemnification

You agree to indemnify, defend, and hold harmless Senior Care Marketing AI, LLC, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or relating to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Your violation of applicable laws or regulations
• Your Content or any data you provide to the Service

11. Termination

11.1 Termination by You

You may terminate your account at any time by:

• Canceling your subscription through account settings
• Contacting support to request account closure
• Sending a written termination notice to info@seniorcaremarketing.ai

11.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice, if:

• You violate these Terms or our Acceptable Use Policy
• You engage in fraudulent or illegal activity
• Your account poses a security risk to our Service or other users
• You fail to pay subscription fees when due
• We are required to do so by law or court order

11.3 Effect of Termination

Upon termination:

• Your access to the Service will be immediately revoked
• You will lose access to all reports, data, and content stored in your account
• We may delete your account data after 90 days (see Privacy Policy for data retention)
• Sections of these Terms that by their nature should survive (Intellectual Property, Disclaimers, Liability, Indemnification, Governing Law) will continue to apply

12. Dispute Resolution and Governing Law

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Wyoming, without regard to its conflict of law provisions.

12.2 Informal Resolution

Before pursuing formal legal action, you agree to first attempt to resolve any dispute informally by contacting us at info@seniorcaremarketing.ai. We will work in good faith to resolve the issue within 30 days.

12.3 Arbitration

Any dispute that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration will take place in the United States, and the arbitrator's decision will be final and binding.

12.4 Class Action Waiver

You agree to resolve disputes with us only on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms presented during signup or feature usage, constitute the entire agreement between you and Senior Care Marketing AI, LLC regarding the Service.

13.2 Amendments

We may modify these Terms at any time by posting the updated version on this page with a new "Last Updated" date. Material changes will be communicated via email or platform notification. Your continued use of the Service after changes are posted constitutes acceptance of the updated Terms.

13.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.

13.4 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

13.5 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

13.6 Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet service disruptions.

14. Contact Information

For questions, concerns, or notices regarding these Terms of Service, please contact us:

15. Acknowledgment

BY CREATING AN ACCOUNT OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY.