MarketingPlatformAI – Terms of Service
Last Updated: 2025
Welcome to MarketingPlatformAI (“we,” “our,” “us”). These Terms of Service (“Terms”) govern your access to and use of the MarketingPlatformAI software, tools, websites, applications, automations, and related services (collectively, the “Service”). By creating an account, accessing the Service, or using any part of the platform, you agree to be bound by these Terms.
If you do not agree, do not use the Service.
1. Description of the Service
MarketingPlatformAI is a software-as-a-service (SaaS) platform that provides AI-powered marketing tools, websites, automations, phone capabilities, and other business features. The platform is built on and operates through various third-party technologies and infrastructure, including HighLevel.
You understand and agree that MarketingPlatformAI is not an agency service and does not provide custom migrations, account movement, data handling outside the platform, or third-party transfer assistance.
2. Eligibility
You must be at least 18 years old and able to enter into a legally binding agreement to use the Service. By creating an account, you represent that all information you provide is accurate and complete.
3. Account Registration & Security
You are responsible for maintaining the confidentiality of your login credentials and for all activity conducted under your account. You agree to notify us immediately of any unauthorized access or security breach.
We are not liable for any loss resulting from unauthorized use of your account.
4. Subscription, Billing & Payment Terms
4.1 Subscriptions
Access to the Service requires an active paid subscription. Subscription details, pricing, and plan features are displayed at checkout and within your dashboard.
4.2 Automatic Billing
All subscriptions renew automatically at the interval selected (monthly or annually) unless canceled before the renewal date.
4.3 No Refund Policy
All payments are final and non-refundable, including but not limited to:
• subscription fees
• setup fees
• usage charges
• add-on purchases
• phone number purchases
• domain purchases
• AI usage costs
4.4 Usage Charges
You understand and agree that:
• usage fees (including AI agent usage, SMS/voice usage, and automation costs) may be billed automatically to the card on file
• some usage charges originate from third-party providers (such as HighLevel, Twilio, Mailgun, etc.)
• usage fees vary and may change without notice
• you are solely responsible for monitoring all usage and charges
5. User Conduct & Acceptable Use
You agree not to use the Service for any unlawful purpose, including:
• sending unsolicited spam
• harassment, fraud, or deceptive practices
• violating carrier or telecom regulations
• uploading harmful code
• attempting to reverse-engineer or extract the platform’s underlying systems
We may suspend or terminate your access for violating this section.
6. Intellectual Property Rights
All content, software, tools, automations, training material, workflows, templates, branding elements, and platform infrastructure remain our exclusive property.
You receive a limited, non-transferable, revocable license to use the Service during your active paid subscription. You may not copy, resell, sublicense, publish, or distribute any part of the platform.
7. Third-Party Services
The Service integrates with third-party tools including (but not limited to) HighLevel, Twilio, Mailgun, Stripe, OpenAI, and others.
You acknowledge:
• third-party services may have their own terms
• we are not responsible for outages or issues caused by third parties
• changes by third parties may affect platform functionality
8. Phone Numbers, Messaging & Communications
8.1 Phone Numbers Not Provided by Default
We do not provide phone numbers as part of your subscription. You may purchase numbers through the platform if you choose.
8.2 Phone Numbers Are Not Portable
Any phone number purchased through MarketingPlatformAI or provisioned inside our master account is not portable, and cannot be transferred, released, migrated, or ported to another provider, platform, or agency account.
8.3 Call & SMS Usage
You are responsible for all usage fees associated with calls, SMS messages, and AI-driven interactions.
9. Data Ownership
9.1 Your Data
You retain ownership of the content and data you upload into the Service.
9.2 Our Use of Your Data
We may use your data solely to operate, maintain, and improve the platform. We do not sell your data.
9.3 User-Accessible Exports Only
You may export only the data the platform naturally provides export tools for (such as contact lists or downloadable reports). You must export your data before canceling your subscription.
10. Data Security
We take reasonable commercial measures to protect your data; however, no system is completely secure. You agree to use the Service at your own risk.
11. Data Portability, Transfer Restrictions & Migration Limits
This section is critical and reflects MarketingPlatformAI’s operational policies.
11.1 No Platform-to-Platform Transfers
We do not authorize, assist with, or permit any transfer, migration, extraction, copying, or “port-out” of:
• data
• workflows
• funnels
• websites
• automations
• phone numbers
• call logs
• messages
• AI agents
• assets
• subaccounts
to any external platform, provider, software, or HighLevel agency account.
This applies even if your subscription is active and in good standing.
11.2 No Third-Party Access for Migration
We do not grant HighLevel or any third-party vendor permission to move, extract, copy, or migrate your data or assets out of our account for any reason.
11.3 Non-Portability of Phone Numbers & System Assets
All phone numbers, messaging resources, AI components, automations, triggers, and system-level configurations within MarketingPlatformAI are not portable and will not be released or transferred under any circumstances.
11.4 User-Accessible Export Only
You may export only the data you can access from the dashboard.
We will not:
• create custom exports
• package your data
• prepare migration files
• interface with any other platform on your behalf
11.5 Termination Data Handling
After termination, we may delete, disable, or restrict access to your account and data. We are not obligated to retain or recover any data after termination.
12. Service Availability & Modifications
We may update, modify, suspend, or discontinue features or parts of the Service at any time without notice. We are not liable for downtime or interruptions.
13. Disclaimers
The Service is provided “as is” and “as available” without warranties of any kind.
We do not guarantee:
• results
• performance
• uptime
• deliverability
• accuracy of AI-generated content
• or success in any business outcomes
You use the platform at your own risk.
14. Limitation of Liability
To the maximum extent permitted by law, MarketingPlatformAI is not liable for any indirect, incidental, special, or consequential damages, including loss of revenue, data, business opportunities, or profits.
Our maximum liability will not exceed the amount you paid to us in the last 30 days.
15. Indemnification
You agree to indemnify and hold us harmless from any claims, liabilities, losses, damages, or expenses arising from your use of the Service or violation of these Terms.
16. Termination
We may suspend or terminate your access for violating these Terms, abusing the Service, or failing to pay.
You may cancel your subscription at any time in your account dashboard. Cancellation stops future billing but does not trigger refunds.
17. Governing Law
These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-law principles.
18. Changes to These Terms
We may update these Terms at any time. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
19. Contact Information
MarketingPlatformAI
Support: [email protected]