Terms of Service

TERMS | NOWSPEED Services

AGREEMENT TO OUR LEGAL TERMS

SERVICES DELIVERED. The following are the Terms and Conditions for this Agreement under which Nowspeed will provide services to Client in accordance with the Statement(s) of Work part of this Agreement.
1. This agreement does not include any media, photography, email service fees, hosting, list purchase, advertising or other third-party costs, unless specified in the Service Order. Client will approve all such purchases, in advance. If Nowspeed pays for any products or services on behalf of Client that are not specified in the service order, Nowspeed will invoice Client for these services monthly, in advance.
2. If the service order includes creative services, Nowspeed assumes a maximum of 2 edit cycles. Nowspeed will assess and provide a budget estimate for additional edit cycles if the Client’s requested edit cycles exceed this number.
CHANGES TO STATEMENT(S) OF WORK
1. Either Client or Nowspeed may propose changes to the Statement(s) of Work. Such changes will be effective only after Client and Nowspeed agree, in writing, to the changes and to the effect, if any, on payments due under this Agreement.
2. Client may not require services or deliverables not set forth in the Statement(s) of Work unless agreed to in writing by Nowspeed. Nowspeed may not require payment of any fees or charges not set forth in the Statement(s) of Work unless agreed in writing by Client.
RESOURCES TO BE PROVIDED TO NOWSPEED. Except for such information and resources as are required to be furnished by Nowspeed under this Agreement, Client shall supply to Nowspeed such information and resources as Nowspeed shall reasonably determine are required to carry out the Services required by this Agreement, including text, graphics, data and other content, which shall be supplied in such form or format as Nowspeed and Client may reasonably agree. For example, Client will implement the tracking codes if needed on their website. These codes may include Google conversion tracking, Google Analytics tracking and code for Google Webmaster tools. If appropriate, Client will utilize its own CRM system for data collection from the campaigns, and Nowspeed will have access to the reporting data from the CRM system. Nowspeed will not support Internet Explorer 6.x or any earlier version of Internet Explorer.
SUBCONTRACTORS. Nowspeed may retain third parties to work on Client Services on such terms as Nowspeed deems appropriate.
DELIVERABLES: DELIVERY AND ACCEPTANCE.
1. Nowspeed shall deliver the various Deliverables, which shall conform in all material respects to the requirements stated in the Statement(s) of Work. Nowspeed shall use its best efforts to meet the dates set forth in the Statement(s) of Work. After consultation, Nowspeed and Client may agree in writing to extend the due dates for any date of the Statement(s) of Work.
2. Delivery of services under this Agreement by the Nowspeed Team will be limited by the number of hours stated in the Service Order, if specified. If additional hours are required, Nowspeed will invoice the Client for actual hours worked above the stated number of hours per month, as approved in advance by the client, at a rate of $150/hour. Nowspeed will provide notification to client to facilitate pre-approval of additional work
PAYMENT.
1. Invoicing and Payment. Unless specified differently in the Service Order, the following payment terms will apply. The Monthly Retainer Fee will be billed at the beginning of every month, net 30 days. Client will prefund the Digital Advertising Account at kickoff and monthly in advance for the duration of the campaign. 50% of all development and/or creative work will be due at the start of each project. 25% is due upon completion of design, if applicable, and balance is due upon completion of the project or 2 months from start, if earlier. Client will reimburse Nowspeed for long distance travel and other related expenses. Client will approve these expenses in advance.
2. Payment by Credit Card. If Client pays Nowspeed by Credit Card, all credit card fees will be deducted from the Monthly Digital Advertising Budget, if any, or billed to Client.
3. Payment and Termination. If this Agreement is terminated, all unpaid fees for services rendered prior to the date of termination shall become immediately due and payable. If no price terms are stated in the Statement(s) of Work, Nowspeed shall be paid on a time-and-materials basis in accordance with Nowspeed's then-standard rates and terms. All unspent Digital Advertising Budget funds, excluding any associated Retainer Fees, will be refunded to Client upon termination.
4. Failure to pay If any payment is not made as required, Nowspeed may give notice of the failure to pay. If Client fails to make payment in full fifteen (15) days after notice, (a) any unpaid amount shall be subject to a late charge equal to 1.5% per month from the date of such notice until such amount is paid and (b) Nowspeed may terminate this Agreement. Termination for non-payment shall be in addition to all other remedies available to Nowspeed in this Agreement or under applicable law.
5. Credit Card Decline Fee If any credit card payment by Client is declined or fails to process for any reason, Nowspeed will invoice Client a fee of $50 per incident.
INTELLECTUAL PROPERTY.
1. Client Owns Substantive Content and Work Product. All Substantive Content shall be owned exclusively by Client and all rights in the Substantive Content shall belong exclusively to and be retained by Client, whether or not incorporated into any Deliverable. All Work Product (other than generic features belonging to Nowspeed) shall be owned by and all rights therein shall belong exclusively to Client and shall be "works made for hire" under the Copyright Act of 1976. Under this agreement, at the expense of Client, Nowspeed shall, without further consideration, execute such documents as are reasonably required to vest such ownership in Client; and its employees providing services in connection with the development of a Deliverable hereby expressly disclaim any and all rights, interest or claim in or to any Work Product. If the copyright to any Work Product shall not be the property of Client by operation of law, Nowspeed and such employees hereby and without further consideration, irrevocably assign to Client all right, title and interest in such Work Product, including all so-called “moral rights”, such Work Product to be and to remain the property of Client whether copyrighted or not.
2. Nowspeed owns Other Rights. Nowspeed shall retain all title, copyright and other proprietary rights in software, know how, tools, trade secrets, intellectual property, or methodology (other than Substantive Content or Work Product owned by Client) used in performing, creating or developing a Deliverable.

License. Nowspeed hereby grants to Client a perpetual, non-exclusive, non-transferable, royalty-free worldwide license to use any of the software (in executable code form only), intellectual property, technology or any other property or information owned, created or furnished by Nowspeed as necessary for Client to use the Deliverables for Client's business use and marketing purposes. This license is subject to the terms and conditions of the iStock Content License Agreement for any and all photos and videos licensed by Nowspeed on behalf of client.

WARRANTY, MAINTENANCE AND SUPPORT.
1. Services Warranty. Nowspeed warrants that the Services and Deliverables will be performed in a professional and workmanlike manner. Nowspeed further warrants that it and its employees who render the Services have and will have the skills, education and experience to render the Services in such manner. Nowspeed warrants and represents that: (1) the Services, Deliverables and Work Product created by it shall not infringe or violate the rights of any third party, including, but not limited to, intellectual property rights; and (2) Nowspeed’s use of the Services and Deliverables as contemplated in the Statement(s) of Work will comply with all applicable laws and regulations.
2. Client Warranties. Client warrants and represents that: (1) the Substantive Content shall not infringe or violate the rights of any third party, including, but not limited to, intellectual property rights; and (2) Client’s use of the Services and Deliverables will comply with all applicable laws and regulations.
DISCLAIMER OF ADDITIONAL WARRANTIES.
1. EXCEPT FOR THE WARRANTIES SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY WARRANTIES TO THE OTHER PARTY, EXPRESSED OR IMPLIED, AND EACH PARTY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NOWSPEED DOES NOT WARRANT THE RESULTS OF ANY SERVICES. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. NOWSPEED SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY CAUSED AS A RESULT OF THESE SERVICES.
2. Nowspeed will not be liable for the content, either text or graphics, of pages which Client chooses to place on the Web or send via email or print. Client agrees to indemnify and hold Nowspeed harmless from any cost or damages, including reasonable attorneys' fees, incurred in any claim or proceeding arising from any content or information supplied by Client. Nowspeed agrees to indemnify and hold Client harmless from any cost or damages incurred in any claim or proceeding arising from any content or information supplied by Nowspeed.
3. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND NEITHER PARTY SHALL BE RESPONSIBLE FOR ANY LOSS OF PROFITS OR LOST SAVINGS RESULTING FROM OR ARISING OUT OF ACTIVITIES UNDER THIS AGREEMENT. THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
4. NOWSPEED DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE DEVICES OR THROUGH THE INTERNET OR ANY OTHER ELECTRONIC CONNECTION. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF THE INTERNET OR SUCH OTHER ELECTRONIC CONNECTION PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS CAUSED BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH NOWSPEED’S CLIENTS’ CONNECTIONS TO THE INTERNET, ELECTRONIC CONNECTION, OR PORTIONS THEREOF, MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH NOWSPEED WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, NOWSPEED CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, NOWSPEED DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO THESE EVENTS OR ANY EVENTS OUTSIDE THE REASONABLE CONTROL OF NOWSPEED.
LIABILITY CAP. NEITHER PARTY’S LIABILITY TO THE OTHER PARTY FOR ANY AND ALL CLAIMS IN ANY WAY RELATED TO THIS AGREEMENT SHALL EXCEED THE TOTAL OF PAYMENTS MADE TO NOWSPEED UNDER THIS AGREEMENT.
TERM.
1. The term of this Services Agreement shall commence on the Effective Date, shall have an initial term of one (1) year, shall auto renew for consecutive one (1) year terms, and shall continue as specified in all mutually agreed upon statement(s) of work. The Effective Date for this Services Agreement is the date of signature. This Services Agreement, along with services on any underlying Statement of Work, may be terminated at the end of the initial or subsequent one (1) year terms with at least 60 days written notice.
  1. Monthly Recurring Services. Monthly services may also be cancelled anytime during the first 90 days of services. Monthly Services will be subject to automatic 5% annual price increases and will be subject to autorenewal, cancellation and all terms of the Services Agreement.
2. Either party may terminate this Agreement:
TERMINATION.
1. Upon termination of this Agreement by Nowspeed due to a material breach by the Client, Client shall promptly deliver to Nowspeed all Deliverables, and all other objects and materials furnished or used by Nowspeed hereunder, and all license rights granted to Client herein shall terminate.
2. Upon termination of this Agreement by the Client due to a material breach by Nowspeed, Client shall retain possession of Deliverables received and fully paid for as of the date of termination, and Client’s rights to such Deliverables shall be the same rights that are granted to Client by this Agreement as to Deliverables for which full payment has been made.
REMEDIES.
1. Except as is otherwise provided in this Agreement, the parties shall have such remedies for breach or termination as are provided by applicable law.
GENERAL PROVISIONS
1. Attorneys’ Fees and Interest. In case of any breach of this Agreement by either party, including but not limited to non-payment of fees when due, the other party shall be entitled to recover its costs of enforcement, collection, and litigation, including all reasonable attorneys’ fees.
2. No Raiding. Client and Nowspeed agree that each party to this Agreement will not, without the express prior written permission of the other, solicit to employ, any employee of the other. The duration of the restriction in this paragraph shall be the term of this Agreement plus one year.
3. Relationship of Parties. Nowspeed shall be deemed to have the status of an independent contractor, and nothing in this Agreement shall be deemed to place the parties in the relationship of employer-employee, principal-agent, partners or joint ventures. Nowspeed is responsible for all payments to its subcontractors.
4. Payment of Taxes. Nowspeed shall be responsible for any withholding taxes, payroll taxes, disability insurance payments, unemployment taxes, and other similar taxes or charges incurred in the performance of the Agreement. Client shall be responsible for all sales taxes, use taxes, value-added taxes, import duties or tariffs or other similar taxes resulting from or arising under this Agreement.
5. Force Majeure. Neither party shall be deemed in default of this Agreement to the extent that performance of their obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, act of government, shortages of materials or supplies, or any other cause beyond the reasonable control of such party ("Force Majeure") provided that such party gives the other party written notice thereof promptly and, in any event, within fifteen (15) days of discovery thereof and uses its reasonable efforts to cure the delay. In the event of such a Force Majeure, the time for performance or cure shall be extended for a period equal to the duration of the Force Majeure. Force Majeure shall not operate to extend the due dates for any payments to Nowspeed for Services rendered prior to the occurrence of such Force Majeure.
6. Partial Invalidity. Should any provision of this Agreement be held to be void, invalid, or inoperative, the remaining provisions of this Agreement shall not be affected and shall continue in effect as though such void, invalid or inoperative provisions were deleted.
7. No Waiver. The failure of either party to exercise any right or the waiver by either party of any breach, shall not prevent a subsequent exercise of such right or be deemed a waiver of any subsequent breach of the same or any other term of the Agreement.
8. Notice. Any notice required or permitted to be sent hereunder shall be in writing and shall be sent in a manner requiring a signed receipt, such as Federal Express, courier delivery, or certified mail, return receipt requested. Notice is effective upon receipt. Notice to Client shall be addressed to the Client address above, or such other person or address as Client may designate. Notice to Nowspeed shall be addressed to David Reske, President, Nowspeed, Inc., PO Box 1514, Westborough, MA 01581 or such other person or address as Nowspeed may designate.
9. Entire Agreement. This Agreement, including the Statement(s) of Work thereto, states the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings and agreements between the parties with respect thereto. No amendment or modification of this Agreement shall be made except by a writing signed by both parties. This Agreement shall bind the parties’ respective heirs, successors and permitted assigns.
10. Governing Law. This Agreement shall be governed and interpreted in accordance with the substantive law of the Commonwealth of Massachusetts, excluding its provisions relating to conflicts of laws.
11. Venue and Jurisdiction of Legal Actions. Any legal action brought concerning this Agreement or the subject matter of this Agreement, including but not limited to an action to enforce an arbitration award, shall be brought only in the courts of the Commonwealth of Massachusetts or in the federal courts located in Massachusetts, and both parties agree to submit to the jurisdiction of these courts.

TERMS | NOWSPEED AI AGENT powered by COLMA

Last updated February 16, 2026

AGREEMENT TO OUR LEGAL TERMS

We are Colma AI, LLC, doing business as Colma AI ("Company," "we," "us," "our"), a company registered in California, United States at 305 Scott Street, San Francisco, CA 94117.

We operate the website colma.ai, the application app.colma.ai, as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

We provide automated SEO and digital marketing agent software powered by artificial intelligence.

You can contact us by phone at 5085961146, email at joel@colma.ai, or by mail to 305 Scott Street, San Francisco, CA 94117, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Colma AI, LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

These Legal Terms apply to your use of the Services regardless of how you obtained access, including through authorized resellers or distribution partners of Colma AI, LLC (each, a "Reseller"). If you were provisioned access to the Services by a Reseller, you acknowledge that: (a) your right to access and use the Services is subject to these Legal Terms in addition to any agreement you have with the Reseller; (b) the Reseller is not authorized to modify or waive any provision of these Legal Terms; and (c) Colma AI, LLC is the licensor of the Services and these Legal Terms govern the software license granted to you directly. By accessing the Services for the first time — whether via a direct signup or through a Reseller-provisioned account — you confirm that you have read and agree to be bound by these Legal Terms.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

OUR SERVICES
INTELLECTUAL PROPERTY RIGHTS
USER REPRESENTATIONS
USER REGISTRATION
PURCHASES AND PAYMENT
SUBSCRIPTIONS
PROHIBITED ACTIVITIES
USER GENERATED CONTRIBUTIONS
CONTRIBUTION LICENSE
SOCIAL MEDIA
THIRD-PARTY WEBSITES AND CONTENT
SERVICES MANAGEMENT
PRIVACY POLICY
TERM AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS
GOVERNING LAW
DISPUTE RESOLUTION
CORRECTIONS
DISCLAIMER
LIMITATIONS OF LIABILITY
INDEMNIFICATION
USER DATA
AI-GENERATED OUTPUT DISCLAIMER
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
CALIFORNIA USERS AND RESIDENTS
MISCELLANEOUS
CONTACT US

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license to:

access the Services; and
use the features and functionality of the Services, including generating AI-powered SEO analyses, reports, recommendations, and content ("Outputs"), solely for your own internal business purposes.

As between you and Colma AI, LLC, you own the Outputs generated through your use of the Services that are specific to your inputs (such as keyword reports, SEO recommendations, and content drafts). We retain ownership of the underlying software, models, workflows, and any aggregated or de-identified data derived from usage of the Services. Your ownership of Outputs is subject to your continued compliance with these Legal Terms and any applicable third-party AI provider terms.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: joel@colma.ai.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through unauthorized automated or non-human means — note that the Services themselves provide authorized automation features which you may use as intended; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PURCHASES AND PAYMENT

We accept the following forms of payment:

Visa
Mastercard
American Express
Discover

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

6. SUBSCRIPTIONS

Billing and Renewal

Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribed to the Services.

Cancellation

You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at joel@colma.ai.

Fee Changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

7. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Services.
Engage in any unauthorized automated use of the system, such as using scripts or bots to access the Services outside of the authorized API and agent features we provide. Authorized use of the Services' own automation, AI agent, and API features is explicitly permitted within the scope of your subscription.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Services to compete with us, including building a substantially similar product or service using our platform, Outputs, or proprietary methods.
Sell or otherwise transfer your account or subscription.
Use the Services to generate or distribute spam content, doorway pages, cloaked content, or any other material intended to manipulate search engine rankings in violation of Google's Webmaster Guidelines, Bing's Webmaster Guidelines, or the terms of service of any other search engine or platform. You are solely responsible for ensuring that any Outputs you publish comply with all applicable search engine policies and guidelines.
Use the Services in connection with any black-hat SEO techniques, link schemes, hidden text or links, keyword stuffing, or other practices that violate applicable search engine guidelines.
Use the Services to generate content that infringes the intellectual property rights of any third party.
Use Outputs generated by the Services to train, fine-tune, or develop competing artificial intelligence or machine learning models without our express prior written consent.

8. USER GENERATED CONTRIBUTIONS

The Services may provide you with the opportunity to create, submit, post, display, transmit, or otherwise make available content and materials to us or on the Services, including but not limited to text, keywords, URLs, account credentials for third-party platforms, and other information or materials (collectively, "Contributions"). When you create or make available any Contributions, you thereby represent and warrant that your Contributions do not infringe the proprietary rights of any third party, that you have all necessary rights and permissions to submit such Contributions, and that your Contributions comply with these Legal Terms and applicable law.

9. CONTRIBUTION LICENSE

You and the Services agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings), in accordance with our Privacy Policy.

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

You agree that we may collect and use aggregated, anonymized data derived from your use of the Services (including usage patterns, feature engagement, and performance metrics) for the purposes of improving, training, and developing the Services and our underlying AI models. This aggregated data will not identify you or your business individually. We will not use your specific Inputs or Outputs to train our AI models without your separate consent, except as described in our Privacy Policy.

We do not assert any ownership over your Contributions or your specific Outputs. You retain full ownership of all of your Contributions and any intellectual property rights associated with them.

10. SOCIAL MEDIA

As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

If you connect third-party platforms to the Services (including Google Search Console, Google Analytics, Google Ads, or other marketing and analytics platforms), you represent and warrant that you have the authority to grant us access to such accounts and that doing so does not violate any applicable terms of service. We will access and use data from such connected accounts solely to provide the Services to you. You may revoke such access at any time through the applicable third-party platform's settings.

11. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain links to other websites ("Third-Party Websites") as well as articles, tools, data, and other content belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services.

The Services integrate with third-party data providers, AI model providers, and other services. Your use of the Services is subject to the terms and policies of such third-party providers where applicable. A list of our material third-party subprocessors is available in our Privacy Policy.

12. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

13. PRIVACY POLICY

We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

14. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

Upon termination of your account, we will make your data available for export for a period of thirty (30) days following termination, after which we may delete your data from our active systems in accordance with our Privacy Policy. You are responsible for exporting any data you wish to retain prior to termination.

15. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

16. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

17. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute"), the parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other.

Binding Arbitration

If the parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). The arbitration will take place in San Francisco, California. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

Restrictions

The parties agree that any arbitration shall be limited to the Dispute between the parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions

The following Disputes are not subject to the above arbitration provisions: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any intellectual property rights; (b) any Dispute related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

18. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

19. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS.

20. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $2,000.00 USD.

CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

21. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; (5) your use or publication of any Outputs generated by the Services, including any claims that such Outputs infringe the intellectual property rights of a third party or violate any search engine guidelines; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services.

22. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

In the course of using the Services, you may submit or connect data related to your business, websites, and marketing activities, including keywords, URLs, website performance data, search analytics, competitive research, and related materials (collectively, "Customer Data"). As between you and Colma AI, LLC, you retain all right, title, and interest in and to your Customer Data. We will use Customer Data solely to provide and improve the Services in accordance with our Privacy Policy and will not disclose your Customer Data to third parties except as necessary to operate the Services (e.g., passing queries to AI model providers) or as required by law. You represent and warrant that you have all necessary rights to submit Customer Data to the Services, including any data obtained from or related to third-party platforms.

23. AI-GENERATED OUTPUT DISCLAIMER

The Services use artificial intelligence to generate SEO analyses, content recommendations, keyword strategies, and related outputs. By using the Services, you acknowledge and agree to the following:

(a) No guarantee of results. We make no warranty or representation that use of the Services or implementation of any Outputs will improve your search engine rankings, increase organic traffic, generate leads or revenue, or produce any other specific business outcome. Search engine algorithms are proprietary, frequently changed, and outside our control.

(b) Outputs require human review. AI-generated Outputs may contain errors, inaccuracies, or content that is unsuitable for your specific business context. You are solely responsible for reviewing, editing, and approving any Outputs before publication or implementation. You should not publish AI-generated content without human review.

(c) Search engine compliance is your responsibility. We do not guarantee that any Outputs comply with the then-current guidelines of Google, Bing, or any other search engine or platform. Search engine guidelines change frequently, and what is acceptable today may not be acceptable in the future. You are solely responsible for ensuring that your use of any Outputs complies with all applicable search engine guidelines and platform terms of service.

(d) Third-party AI providers. The Services are powered in part by third-party AI providers, including Anthropic and OpenAI. The behavior, capabilities, and limitations of these underlying AI systems are outside our control and subject to change. We are not responsible for changes to third-party AI providers' models, capabilities, or policies that affect the Services.

(e) No professional advice. Outputs generated by the Services do not constitute legal, financial, or professional advice. You should consult qualified professionals before making significant business decisions based on AI-generated content.

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

25. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

26. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services.

27. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Colma AI, LLC 305 Scott Street San Francisco, CA 94117 United States Phone: 5085961146 Email: joel@colma.ai Web: https://colma.ai/terms

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