Last Updated: September 2025

These General Terms and Conditions ("Terms") govern your access to and use of the services provided by Melting Pot Marketing LLC, a North Carolina corporation ("Company", "we", "us", or "our"), including AI-powered marketing tools, website services, platforms, APIs, and related support (collectively, the "Service").

By engaging with the Service (e.g., by visiting our website, subscribing, requesting services, or using our tools), you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

1. Definitions

“Account” means your registered user account with the Service.

“Content” means any text, images, videos, or other materials generated by the Service, including AI-generated outputs.

“Client Data” means data, content, or information that you or your end users provide to the Service.

“Order” means a request for services or a paid plan.

“Service” means the AI-powered marketing tools, platforms, APIs, websites, and related services offered by the Company.

2. Eligibility

You must be at least 18 years old and have the full authority to bind any organization on whose behalf you use the Service.

You must comply with all applicable laws, including data privacy, consumer protection, advertising, and truth-in-advertising laws.

3. Access and Use

License: Subject to these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

Restrictions: You shall not (i) reverse engineer, decompile, or disassemble the Service; (ii) use the Service to infringe third-party rights; (iii) use the Service in a manner that could harm or disrupt our systems; (iv) create or deploy AI outputs that violate law or policy.

Account Security: You are responsible for safeguarding login credentials and for all activity under your Account.

4. Compliance and Legal Disclosures

Advertising and Truthfulness: All marketing content generated or used via the Service must comply with applicable truth-in-advertising laws (e.g., NC and federal guidelines). Do not present AI outputs as human-generated unless disclosed where required.

Disclosures for AI-Generated Content: If required by law or best practice, you must clearly disclose when Content is AI-generated.

Data Privacy and Security: You and the Company will process Client Data in accordance with our Privacy Policy, which describes data collection, use, storage, security measures, and data subject rights. We implement industry-standard security controls appropriate to the data handled.

Data Residency and Transfer: If you are processing personal data subject to specific regulatory regimes, you agree to comply with data transfer restrictions or data localization requirements that apply to your use case.

5. Intellectual Property

Pre-existing IP: Each party retains ownership of its pre-existing intellectual property.

Content Ownership: Unless otherwise agreed in a written Addendum, you own Content you provide to the Service. The Company owns the Service software and any non-Client-generated materials.

AI-Generated Content: You own the rights to Content generated by the Service to the extent permitted by applicable law, subject to any usage restrictions in these Terms or the applicable Order. The Company may retain a non-exclusive license to use aggregated, de-identified outputs for product improvement, benchmarking, and research purposes, unless prohibited by law or stated in an Order.

Licenses to Use Output: If Content contains third-party materials, you must ensure you have the rights to use those materials in your Content, including for commercial use.

6. Fees, Billing, and Payment

Fees: You will pay all applicable fees set forth in the Order. Fees are non-refundable unless stated otherwise in the Order.

Billing: Billing cycles, payment methods, and tax handling are described in the Order.

Overages and Renewals: Any overage charges and renewal terms will be defined in the Order.

7. Term, Termination, and Suspension

Term: The Term begins on the Effective Date and continues until terminated.

Termination for Convenience: Either party may terminate per the terms in the Order.

Termination for Cause: Material breach, insolvency, or violation of law may result in termination.

Effect of Termination: Upon termination, access is ceased, and you must cease use of the Service and remove Client Data in accordance with the data retention policy.

8. Confidentiality

Each party must protect the other party’s confidential information and use it only for purposes of the Service.

The confidentiality obligation survives termination for a period defined in the Order.

9. Warranties and Disclaimers

General Warranty: The Service is provided "as is" and "as available" unless otherwise stated.

No Guarantees: The Company does not guarantee specific results, performance, or outcomes.

Disclaimer of Certain Damages: To the extent allowed by law, the Company disclaims indirect, incidental, special, or consequential damages.

10. Limitation of Liability

To the maximum extent permitted by law, total liability shall not exceed the fees paid in the preceding 12 months or a defined cap in the Order, whichever is greater.

Exclusions for data breaches or third-party content may apply per applicable law.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates from claims arising from your Content, misuse of the Service, or violation of laws.

12. Data Processing and Security (if you process personal data)

Roles: Define whether the Company is a Processor or Controller, per applicable data protection laws.

Instructions: You will process Personal Data only on documented instructions and implement appropriate technical measures.

Subprocessors: List or describe how you will handle subprocessors; you must obtain consent where required.

Data Subject Rights: Procedures for responding to data subject requests.

Security: Administrative, physical, and technical measures to protect data.

Data Breaches: Notify Client of breaches per law and as defined in the Order.

13. Cookies and Tracking (if applicable)

Explain use of cookies and tracking technologies, consent mechanisms, and purposes.

Cookies

Definition: Small text files stored on your device by a website you visit.

Purpose: Remember preferences, login status, items in a shopping cart, and other session-related data.

Types:Session cookies: Temporary; deleted when you close the browser.

Persistent cookies: Remain on your device for a specified period.

First-party cookies: Set by the website you’re visiting.

Third-party cookies: Set by external services (e.g., advertisers, analytics).

Other tracking technologies

Web beacons/clear GIFs: Tiny, often invisible images used to track whether a page or email was viewed.

Local storage (Web Storage): More storage space than cookies; persists data in the browser.

Fingerprinting: Collects information about your device and browser configuration to identify you, even without cookies.

Tags and scripts: Snippets from analytics or advertising providers that collect usage data.

Server-side tracking: Data collected on the server about user interactions, sometimes linked to cookies or user accounts.

Privacy regulations (e.g., GDPR in the EU, CCPA in California, ePrivacy Directive) require informing users about data collection and obtaining informed consent for certain types of tracking.

14. Marketing and Communications

You may contact clients for marketing about updates or services; you must honor opt-out requests and comply with applicable communications laws.

15. Third-Party Services and Links

The Service may integrate with third-party services; you are responsible for understanding those terms and policies.

16. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of laws principles.

Disputes shall be resolved through arbitration; venue shall be in Mecklenburg County, North Carolina, unless otherwise agreed.

17. Notices

Provide proper contact information for notices.

18. Changes to Terms

The Company may update these Terms; material changes will be communicated and require acceptance if necessary by law or the Order.

19. Export Controls

You agree to comply with export laws and not export or re-export restricted items to prohibited destinations.

20. Miscellaneous

Entire Agreement; Modifications; No waiver; Severability; Assignment restrictions; Force majeure.