Terms of Service

1. INTRODUCTION AND ACCEPTANCE

1.1 Overview. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Sale Boom, LLC ("Company," "we," "us," or "our"), governing your access to and use of the Sale Boom AI mobile application (the "App"), website located at www.saleboomai.com (the "Website"), and all associated services, features, and content provided therein (collectively, the "Service").

1.2 Acceptance. By downloading, installing, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are accepting these Terms on behalf of a legal entity, you represent and warrant that you have the authority to bind such entity. If you do not agree to these Terms, you must immediately cease all use of the Service.

1.3 Updates. The Company reserves the right, in its sole discretion, to modify, amend, or replace these Terms at any time. Material changes will be communicated via the App or email at least thirty (30) days prior to their effective date. Your continued use of the Service following the posting of revised Terms constitutes acceptance of such changes.

2. DESCRIPTION OF SERVICE

2.1 Core Functionality. Sale Boom AI is an artificial intelligence-powered social media automation platform that provides the following services (collectively, the "Services"):

• AI-driven content creation, including text generation and caption writing;
• Automated video and photo editing utilizing third-party AI models;
• Social media posting and scheduling across supported platforms;
• Geo-targeting capabilities for location-based content distribution;
• Social listening and analytics;
• Search Engine Optimization (SEO) services; and
• Related automation features as may be updated from time to time.

2.2 AI-Generated Content. All content generated through the Service is produced by automated artificial intelligence systems. The Company provides no manual human editing, review, or curation of any content generated through the Service. Users are solely responsible for reviewing, editing, and approving all content prior to publication.

3. USER ACCOUNTS AND REGISTRATION

3.1 Account Creation. To access the Service, you must create an account by providing accurate, current, and complete information, including your name, email address, and payment details. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Age Requirement. The Service is intended for users aged eighteen (18) years or older. By creating an account, you represent and warrant that you are at least eighteen (18) years of age.

3.3 Account Termination. The Company reserves the right to suspend or terminate any account that violates these Terms or that is used for unlawful or improper purposes.

4. SUBSCRIPTION PLANS AND FEES

4.1 Subscription Plans. The Service is offered under the following subscription plans:

4.2 Core Constraints.

• No Rollover: Unused edits or posts do not roll over to subsequent months or billing periods.
• No Manual Editing: The Company provides no manual human editing services. All editing is performed by AI.
• Platform Limitations: The Company is not liable for service disruptions, policy changes, or API limitations imposed by third-party social media platforms (e.g., Meta, LinkedIn, Twitter/X, TikTok, YouTube).

4.3 Overage Fees. Usage exceeding the plan limits will be charged at the following rates:

• Additional Video Edit: $15.00 per edit
• Additional Photo Edit: $5.00 per edit
• Additional Text-to-Video Generation: $15.00 per generation
• Additional Photo-to-Video Generation: $15.00 per generation

4.4 Billing and Payment. All fees are billed in advance on a monthly or annual basis, as selected. Payments are processed through Stripe, Inc. By subscribing, you authorize the Company to charge your provided payment method on a recurring basis. All fees are non-refundable except as expressly provided herein.

4.5 Auto-Renewal and Cancellation. All subscriptions automatically renew at the end of the subscription period. To prevent renewal, you must cancel your subscription at least thirty (30) days prior to the renewal date. Cancellations can be initiated through your account settings or by contacting admin@saleboomllc.com.

4.6 Price Changes. The Company reserves the right to adjust subscription fees upon thirty (30) days' prior notice. Continued use of the Service after the price change constitutes acceptance of the new pricing.

5. INTELLECTUAL PROPERTY AND OWNERSHIP

5.1 Company Intellectual Property. The Service, including its software, algorithms, user interfaces, designs, text, graphics, logos, and all other content provided by the Company, is owned by Sale Boom, LLC and is protected by copyright, trademark, patent, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes.

5.2 User-Generated Content. You retain ownership of all content you submit, upload, or input into the Service ("User Content"). By submitting User Content, you grant the Company a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, and display such content solely for the purpose of providing the Service to you.

5.3 AI-Generated Content. All content generated by the Service using AI tools is provided to you under a perpetual, worldwide, non-exclusive, royalty-free license for your business use. However, you acknowledge that:

• The Company does not warrant the originality, accuracy, or appropriateness of AI-generated content;
• You are solely responsible for reviewing and editing all AI-generated content prior to publication;
• The Company does not provide copyright or trademark clearance services.

5.4 Third-Party Intellectual Property. You are solely responsible for ensuring that your use of the Service does not infringe upon the intellectual property rights of any third party.

6. USER OBLIGATIONS AND REVIEW RESPONSIBILITY

6.1 Review Obligation. You acknowledge and agree that:

• All content generated by the Service must be reviewed by you prior to publication;
• The Company is not responsible for any errors, inaccuracies, or inappropriate content generated by AI;
• You assume all liability for content published through the Service, including compliance with applicable laws and platform policies.

6.2 Prohibited Uses. You shall not use the Service to:

• Generate or distribute illegal, harmful, threatening, abusive, harassing, defamatory, or obscene content;
• Violate the intellectual property rights of any third party;
• Engage in deceptive practices, including impersonation or misrepresentation;
• Violate the terms of service of any third-party social media platform;
• Distribute malware, viruses, or other harmful code;
• Engage in any activity that could damage, disable, or impair the Service.

6.3 Compliance with Laws. You agree to comply with all applicable local, state, national, and international laws and regulations in connection with your use of the Service.

7. THIRD-PARTY INTEGRATIONS AND DATA PROCESSORS

7.1 Third-Party Services. The Service integrates with the following third-party services and SDKs:

7.2 API Limitations and Liability. The Company relies on third-party APIs to deliver certain functionality. You acknowledge that:

• Third-party APIs may be changed, deprecated, or discontinued without notice;
• The Company is not liable for service interruptions caused by third-party API changes or failures;
• You are responsible for complying with third-party platform terms of service.

8. DATA PRIVACY AND SECURITY

8.1 Privacy Policy. The collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms.

8.2 Data Security. The Company implements commercially reasonable security measures to protect your data. However, no method of transmission over the internet or electronic storage is 100% secure, and the Company cannot guarantee absolute security.

8.3 Data Deletion. Users may request account deletion through the App settings or by contacting admin@saleboomllc.com. A web-accessible deletion link is also available at www.saleboomai.com/delete-account.

9. DISCLAIMER OF WARRANTIES

9.1 "AS IS" Basis. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY;
• Fitness for a particular purpose;
• Non-infringement;
• Accuracy or reliability of AI-generated content;
• Uninterrupted or error-free operation.

9.2 AI Content Quality. The Company does not warrant that AI-generated content will be accurate, original, appropriate, or suitable for any particular purpose. Users must independently verify all content before publication.

9.3 Platform Availability. The Company does not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that defects will be corrected.

10. LIMITATION OF LIABILITY

10.1 No Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE.

10.2 Liability Cap. THE COMPANY'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO THE COMPANY DURING THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM.

10.3 Essential Purpose. The limitations in this Section 10 are intended to apply to the maximum extent permitted by applicable law and shall survive and apply even if any remedy fails of its essential purpose.

11. INDEMNIFICATION

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

• Your use of the Service;
• Your violation of these Terms;
• Your violation of applicable laws or regulations;
• Your User Content or any content published through the Service; or
• Your violation of any third-party rights.

12. DISPUTE RESOLUTION - BINDING ARBITRATION

12.1 Mandatory Arbitration. Any dispute, controversy, or claim arising out of or relating to these Terms or the Service, including the breach, termination, or validity thereof, shall be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

12.2 Arbitration Location. The arbitration shall be held in Cary, North Carolina, or at such other location as the parties may mutually agree. The language of the arbitration shall be English.

12.3 Governing Law. The arbitration shall be governed by the laws of the State of North Carolina, without regard to its conflict of laws principles.

12.4 Class Action Waiver. ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR IN A REPRESENTATIVE CAPACITY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION AGAINST THE COMPANY.

12.5 Small Claims Exception. Either party may bring a claim in small claims court in Cary, North Carolina, if the claim qualifies.

12.6 Severability. If any provision of this Section 12 is found to be unenforceable, the remaining provisions shall remain in full force and effect.

13. GOVERNING LAW AND VENUE

13.1 Governing Law. These Terms 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.

13.2 Venue. Subject to the arbitration provisions in Section 12, any legal action arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Wake County, North Carolina, and the parties hereby consent to the exclusive jurisdiction of such courts.

14. TERMINATION

14.1 Termination by User. You may terminate your account at any time by canceling your subscription through the App settings or by contacting admin@saleboomllc.com.

14.2 Termination by Company. The Company reserves the right to suspend or terminate your account and access to the Service immediately, without prior notice, for any violation of these Terms or for any other reason in the Company's sole discretion.

14.3 Survival. The provisions of Sections 5 (Intellectual Property), 6 (User Obligations), 9 (Disclaimer of Warranties), 10 (Limitation of Liability), 11 (Indemnification), 12 (Dispute Resolution), and 13 (Governing Law) shall survive any termination of these Terms.

15. APP STORE REQUIREMENTS - ADDITIONAL TERMS

15.1 Apple App Store. If you access the Service through the Apple App Store, the following additional terms apply:

• These Terms are between you and Sale Boom, LLC, not with Apple;
• Your license to use the App is limited to Apple-branded devices;
• Apple has no responsibility for the Service or its content;
• Apple has no obligation to provide maintenance or support for the App;
• Apple is not responsible for any claims arising from the App.

15.2 Google Play Store. If you access the Service through the Google Play Store, the following additional terms apply:

• These Terms are between you and Sale Boom, LLC, not with Google;
• You acknowledge that Google has no responsibility for the Service or its content.

16. GENERAL PROVISIONS

16.1 Entire Agreement. These Terms, together with the Privacy Policy, Cookie Policy, and Data Processing Addendum, constitute the entire agreement between you and the Company regarding the Service.

16.2 Waiver. Failure to enforce any provision of these Terms shall not constitute a waiver of such provision.

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

16.4 Assignment. You may not assign these Terms without the Company's prior written consent. The Company may assign these Terms without restriction.

16.5 Notices. Notices to the Company shall be sent to admin@saleboomllc.com. Notices to users shall be sent to the email address provided during registration.

16.6 Contact Information. For questions regarding these Terms, please contact:

Sale Boom, LLC
1225 Patric Circle, Apt # D
Cary, NC 27511
Email: admin@saleboomllc.com