Terms of Service

Welcome to Audienced. These Terms of Service ("Terms") govern your access to and use of Audienced's website, platform, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

Please read these Terms carefully before using our Services. If you do not agree to these Terms, you may not access or use our Services.

1. Acceptance of Terms

By creating an account, accessing our website, or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Cookies Policy.

These Terms constitute a legally binding agreement between you and Audienced. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Eligibility

To use our Services, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using our Services under applicable laws
• Provide accurate and complete registration information
• Maintain the security of your account credentials

We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion.

3. Description of Services

Audienced is an AI-powered content intelligence platform for marketers. Our Services include:

• Audience Intelligence: Discover what your target audience cares about through AI-powered analysis
• Content Generation: Generate resonant content based on audience insights
• Analytics & Reporting: Track content performance and audience engagement
• Platform Access: Web-based access to our software platform
• Customer Support: Technical support and assistance

We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuance of the Services.

4. Beta Program

Our Services may be offered as part of a beta or early access program. By participating in our beta program:

• You acknowledge that the Services are still in development and may contain bugs, errors, or incomplete features
• You agree to provide feedback and report any issues you encounter
• You understand that features may change or be removed without notice
• You accept that the Services are provided "AS IS" during the beta period
• Pricing and terms may change when the Services move from beta to general availability

We may terminate the beta program at any time and may not offer continued access to participants.

5. User Accounts

5.1 Account Registration

To access certain features of our Services, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

5.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials. We are not liable for any loss or damage arising from your failure to protect your account information. You must notify us immediately at audienced@mindware.ventures if you suspect any unauthorized use of your account.

5.3 Account Termination

We reserve the right to suspend or terminate your account at any time if:

• You violate these Terms
• You engage in fraudulent or illegal activities
• Your account has been inactive for an extended period
• We determine, in our sole discretion, that termination is necessary

6. Acceptable Use Policy

You agree not to use our Services to:

• Violate any applicable laws, regulations, or third-party rights
• Transmit any harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable content
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Engage in any fraudulent, deceptive, or misleading activities
• Distribute spam, unsolicited messages, or engage in phishing
• Upload or transmit viruses, malware, or any other malicious code
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the Services or servers
• Scrape, crawl, or use automated means to access the Services without permission
• Reverse engineer, decompile, or disassemble any part of the Services
• Remove or alter any copyright, trademark, or proprietary notices
• Use the Services to compete with us or develop a competing product

Violation of this Acceptable Use Policy may result in immediate termination of your account and legal action.

7. Content and Intellectual Property

7.1 Your Content

You retain all ownership rights to the content you submit, upload, or create using our Services ("Your Content"). By using our Services, you grant us a worldwide, non-exclusive, royalty-free license to use, store, process, and display Your Content solely to provide and improve our Services.

You represent and warrant that:

• You own or have the necessary rights to Your Content
• Your Content does not infringe any third-party rights
• Your Content complies with these Terms and applicable laws

7.2 Generated Content

Content generated by our AI tools based on Your Content or inputs ("Generated Content") is provided to you under a license for your use. You may use Generated Content for your business purposes, subject to these Terms and applicable laws.

You acknowledge that:

• AI-generated content may not be unique and similar content may be generated for other users
• You are responsible for reviewing and editing Generated Content before use
• We do not guarantee the accuracy, quality, or suitability of Generated Content
• You must comply with all applicable laws when using Generated Content

7.3 Our Intellectual Property

All rights, title, and interest in and to the Services, including all software, technology, designs, trademarks, logos, and other intellectual property, are and shall remain the exclusive property of Audienced and its licensors.

These Terms do not grant you any rights to use our trademarks, logos, domain names, or other brand features without our prior written consent.

8. Payment and Billing

8.1 Subscription Plans

Our Services may be offered through various subscription plans with different features and pricing. By subscribing to a paid plan:

• You agree to pay all fees associated with your selected plan
• You authorize us to charge your payment method on a recurring basis
• Fees are non-refundable except as required by law or as stated in these Terms

8.2 Billing

Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on your plan). You will be charged automatically at the beginning of each billing cycle until you cancel your subscription.

8.3 Price Changes

We reserve the right to change our pricing at any time. Price changes will not affect your current billing cycle and will take effect at the start of your next billing cycle. We will provide you with at least 30 days' notice of any price changes.

8.4 Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Cancellations take effect at the end of your current billing cycle. We do not provide refunds for partial months or unused portions of your subscription, except as required by law.

8.5 Failed Payments

If payment fails, we may suspend or terminate your access to paid features until payment is received. You remain responsible for any outstanding amounts owed.

9. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.

10. Third-Party Services

Our Services may integrate with or contain links to third-party services, websites, or applications. We use the following third-party services:

• PostHog: Analytics and product insights
• Getform.io: Form processing and submissions
• Crisp: Customer support and live chat

We are not responsible for the content, privacy practices, or terms of service of any third-party services. Your use of third-party services is at your own risk and subject to their respective terms and policies.

11. Disclaimers

AI-generated content may contain errors, inaccuracies, or biases. You are solely responsible for reviewing, editing, and verifying all Generated Content before use. We do not guarantee that Generated Content will be suitable for your purposes or comply with applicable laws and regulations.

12. Limitation of Liability

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless Audienced and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your Content or any content you submit or transmit through the Services
• Your use of Generated Content

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

14. Term and Termination

14.1 Term

These Terms commence when you first access or use the Services and continue until terminated in accordance with these Terms.

14.2 Termination by You

You may terminate these Terms at any time by discontinuing your use of the Services and closing your account.

14.3 Termination by Us

We may suspend or terminate your access to the Services at any time, with or without cause, with or without notice, at our sole discretion. Reasons for termination may include:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Extended period of inactivity
• Business or operational reasons

14.4 Effect of Termination

Upon termination:

• Your right to access and use the Services will immediately cease
• We may delete Your Content from our systems (subject to our data retention policies)
• All provisions of these Terms that should survive termination shall survive, including but not limited to disclaimers, limitations of liability, and indemnification

15. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by:

• Posting the updated Terms on our website
• Updating the "Last updated" date at the top of this page
• Sending you an email notification (for material changes)

Your continued use of the Services after any changes to these Terms constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.

16. Dispute Resolution

16.1 Informal Resolution

Before filing a claim, you agree to contact us at audienced@mindware.ventures and attempt to resolve the dispute informally. We will attempt to resolve the dispute in good faith.

16.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Audienced is registered, without regard to its conflict of law provisions.

16.3 Arbitration

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration, except that either party may seek injunctive relief in court for violations of intellectual property rights.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and Cookies Policy, constitute the entire agreement between you and Audienced regarding the Services and supersede all prior agreements and understandings.

17.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17.3 Waiver

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

17.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms at any time without notice.

17.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, or failures of third-party services.

17.6 No Agency

No agency, partnership, joint venture, or employment relationship is created between you and Audienced as a result of these Terms or your use of the Services.

18. Contact Us

If you have any questions about these Terms or our Services, please contact us: