Terms of Service | LeahMWilson

Last revised on January 9, 2025

Welcome to the Terms of Service (these “Terms”) for the website, leahmwilson.com (the “Website”), related applications, and widgets or embedded tools hosted on third-party websites or landing pages (the “Services”). These Terms govern your access to and use of the Services operated by GOE AI (“Company,” “we,” or “us”). Please read these Terms carefully, as they include important information about your legal rights. By accessing or using the Services, you agree to these Terms.

If you do not understand or agree to these Terms, do not use the Services. For purposes of these Terms, “you” and “your” mean you as the user of the Services. If you are using the Services on behalf of a company or other entity, “you” includes you and that entity, and you represent and warrant that:

You are an authorized representative of the entity with the authority to bind it to these Terms.
You agree to these Terms on the entity’s behalf.

1. Who May Use the Services

Eligibility: You must be 13 years of age or older to use the Services. Minors under the age of majority in their jurisdiction but at least 13 years old may only use the Services if a parent or guardian accepts these Terms on their behalf.
Children Prohibition: Children under the age of 13 are not permitted to use the Services. By using the Services, you represent and warrant that you meet these requirements.

2. Services, Accounts, and Subscriptions

User Input and User Output

As part of the Services, you may submit or upload information, including videos, text, and other materials (“User Input”), and the Services may generate content based on your User Input (“User Output”). We do not claim ownership of User Input or User Output.

License to You: To the extent we acquire any rights in User Output, we assign to you all right, title, and interest in such User Output.
Your Content: Collectively, your User Input, User Output, and other content you upload or submit through the Services constitute “Your Content.” You are solely responsible for ensuring Your Content complies with applicable laws and does not infringe third-party rights or these Terms.

Creating and Maintaining Your Account

To use certain features of the Services, you may need to create an account or link an existing account (e.g., Google or Apple).

Accuracy: You agree to provide accurate, complete, and updated information for your account.
Security: You are responsible for safeguarding your account credentials and notifying us immediately at goe@leahmwilson.com if you suspect unauthorized access.

Subscriptions and Usage-Based Fees

If you purchase a subscription or incur usage-based fees:

Subscriptions: Subscriptions provide ongoing access to certain features or services for a recurring fee. Subscriptions auto-renew unless canceled at least five (5) days before the renewal date.
Usage Fees: Usage-based fees are charged according to your consumption of the Services (e.g., per transaction, interaction, or agent activity). These fees will be determined on a sliding scale based on your anticipated and actual usage, with details provided during the custom SaaS build-out phase.
Payment Obligations: You agree to pay all applicable subscription fees, usage fees, taxes, and other charges in accordance with the payment terms in effect at the time of purchase or use.
Refund Policy: All subscription and usage-based fees are non-refundable unless otherwise required by law.
Free Trials: Free trials convert to paid subscriptions unless canceled before the trial ends, with prior notice of the conversion.

3. Payments for Prototypes, Consulting, and Development Services

Payments and Fees

Payment Terms: Fees for prototypes, ideation sessions, consulting, or custom development must be paid in full prior to the start of work unless otherwise agreed in writing. Payment is non-refundable unless otherwise required by law or specified in these Terms.
Application Toward Build-Outs: Payments made toward ideation sessions and prototypes will be applied as a credit toward any custom build-out if you proceed with further development.
Invoices and Deadlines: Any unpaid balances are due within thirty (30) days of the invoice date unless specified otherwise. Late payments may incur interest at the rate of 1.5% per month (or the maximum rate allowed by law).
Taxes: All payments are exclusive of applicable taxes, duties, or levies. You are responsible for any applicable taxes, except for taxes on our net income.

Cancellation and Refunds

Ideation Sessions: Cancellations must be made at least 48 hours before the scheduled session to qualify for a full refund. Cancellations made less than 48 hours in advance are non-refundable.
Custom Development and Prototypes: Due to the nature of custom work, all payments are final and non-refundable unless explicitly agreed otherwise in a signed statement of work (SOW).

Ownership and Intellectual Property

Deliverables: Ownership of deliverables from consulting, ideation sessions, or custom development may vary depending on the terms outlined in the SOW. Unless explicitly transferred in writing, we retain ownership of any intellectual property rights, tools, or frameworks developed during these services.
License to Use: If deliverables are provided to you, we grant you a non-exclusive, non-transferable license to use the deliverables for your internal purposes. Any reproduction, modification, or redistribution of the deliverables requires prior written consent.

Disputes

Any disputes regarding fees, payment terms, or deliverables must be raised within seven (7) business days of receipt of the invoice or deliverable.

4. Embedded Agents and Third-Party Sites

Our Services include widgets or tools embedded on third-party websites or landing pages.

Data Collection: Data submitted through our widgets is processed per our Privacy Policy, and we remain the data controller.
Third-Party Policies: Hosting websites may collect additional data governed by their privacy policies. We are not responsible for third-party privacy practices.
Interaction Tracking: Your interactions with embedded widgets may be tracked for analytics purposes as described in our Privacy Policy.

5. Ownership

Ownership of Services: We retain ownership of all intellectual property rights in the Services, including underlying technology and proprietary content.
Ownership of Trademarks: Our trademarks, logos, and brand names are owned by us or our licensors.

6. Feedback

Any feedback you provide about our Services is voluntarily offered and may be used by us without restriction or compensation.

7. Disclaimers and Limitation of Liability

Disclaimers

The Services, including widgets embedded on third-party websites, are provided “AS IS” and “AS AVAILABLE.” We disclaim all warranties, express or implied, including fitness for a particular purpose.
We are not liable for promises made by third parties hosting our widgets or tools.

Limitation of Liability

We are not liable for any indirect or consequential damages. Our total liability is capped at $100 or the amount you paid in the past six months.

Indemnification

You agree to indemnify us against claims arising from your use of the Services or third-party misuse of our widgets.

8. Arbitration and Class Action Waiver

Informal Resolution

You agree to contact us and attempt to resolve disputes informally before initiating arbitration.

Arbitration

Any unresolved dispute will be settled by binding arbitration administered by JAMS under its rules. You waive the right to a jury trial or to participate in class actions.

Opt-Out

You may opt out of arbitration by notifying us in writing within 30 days of agreeing to these Terms.

9. Termination

We may terminate or suspend your account or access to the Services at any time for breach of these Terms or other reasons, with or without notice.

10. Miscellaneous

Governing Law: These Terms are governed by the laws of Delaware.
Severability: If any part of these Terms is found unenforceable, the remaining provisions remain in effect.
Amendments: We may update these Terms at any time with reasonable notice.

11. Contact Us

For questions or concerns about these Terms, contact us at goe@leahmwilson.com.