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Terms of Service

Last Updated: 05/25/2024

1. Introduction

Welcome to FANCYAI Inc. (“we,” “us,” “our”), the provider of FancyAI, a cutting-edge Search Engine Optimization (SEO) platform designed to leverage artificial intelligence to automate a suite of SEO services. Our services include, but are not limited to, keyword research, strategic planning, content creation, website optimization, and paid content building (collectively, the “Services”). This Terms of Service Agreement (the “Agreement”) governs your access to and use of our Services.

1.1. Overview of the Service

1.1.1. Service Description

Our Services offer an automated SEO solution that aids freelancers, small businesses, and large enterprises in enhancing their online visibility and search engine rankings. The platform utilizes advanced AI algorithms to provide personalized and effective SEO strategies tailored to each user’s unique requirements.

1.1.2. Service Objective

The primary goal of our platform is to simplify the process of SEO for our users, enabling them to achieve their digital marketing objectives with greater efficiency and effectiveness through the use of our AI-powered tools and analytics.

1.2. Legal Agreement

1.2.1. Acceptance of the Agreement

By creating an account, accessing, or using the Services provided by FANCYAI Inc., you agree to be bound by this Agreement. If you are using the Services on behalf of an organization, you are agreeing to this Agreement for that organization and promising to FANCYAI Inc. that you have the authority to bind that organization to this Agreement (in which event, “you” and “your” will refer to that organization). Please ensure that you read and understand all of our terms before using our Services.

1.2.2. Eligibility

You must be at least 18 years of age, or the age of legal majority in your jurisdiction, to use our Services. By agreeing to this Agreement, you represent and warrant to us that: (a) you are at least 18 years of age or the age of legal majority in your jurisdiction; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services are in compliance with all applicable laws and regulations.

1.2.3. Electronic Agreement

This Agreement is a legally binding electronic contract between you and FANCYAI Inc. By registering for an account or using our Services, you are agreeing to these terms. If you do not agree to these terms, do not register for an account or use our Services.

2. Acceptance of Terms

2.1. Agreement to Terms

2.1.1. Acceptance by Use

By accessing or using FancyAI, you confirm your acceptance of this Agreement and your agreement to be bound by its terms and conditions. If you do not agree to these terms, you must not access or use FancyAI.

2.1.2. Acceptance by Registration

If you register for an account on FancyAI, you will be required to expressly agree to the terms of this Agreement during the sign-up process by checking a box or clicking a button with the text “I agree to the Terms of Service.”

2.1.3. Age and Capacity

You affirm that you are of legal age to enter into this Agreement and you are not barred from receiving services under the laws of your jurisdiction. By accepting these terms, you represent and warrant that you have the legal capacity and authority to enter into a binding agreement.

2.2. Readability and Accessibility

2.2.1. Easy to Understand

We have made efforts to ensure that the Agreement is written in clear, plain language that is accessible to our users. If there is any part of the Agreement that you do not understand, please contact us using the contact information provided in Section 10 of this Agreement.

2.2.2. Accessibility for Disabled Users

We are committed to ensuring that our Agreement is accessible to all users, including those with disabilities. If you require the Agreement in an alternative format, please contact us.

2.3. Amendment Acknowledgement

2.3.1. Revisions to the Agreement

FANCYAI Inc. reserves the right, at our sole discretion, to change, modify, add, or remove portions of this Agreement at any time by posting the amended terms on our website. It is your responsibility to check this Agreement periodically for changes. Your continued use of the Services following the posting of changes will mean that you accept and agree to the changes.

3. User Obligations

3.1. Account Setup and Security

3.1.1. Account Information Accuracy

You agree to provide accurate, current, and complete information about yourself as may be prompted by any registration forms on the Service (“Registration Data”); maintain the security of your password and identification; maintain and promptly update the Registration Data, and any other information you provide to FANCYAI Inc., to keep it accurate, current, and complete; and accept all risks of unauthorized access to the Registration Data and any other information you provide to FANCYAI Inc.

3.1.2. Account Security

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. FANCYAI Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

3.2. Content Restrictions and User Conduct

3.2.1. Prohibited Content

You are prohibited from using the Service to create, upload, post, send, receive, or store content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.

3.2.2. User Conduct

You may not use the Service to: (a) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (b) solicit personal information from anyone under the age of 18; (c) harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; (d) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized.

3.3. Compliance with Laws

3.3.1. Lawful Use

You agree to use the Service only for purposes that are legal, proper, and in accordance with this Agreement and any applicable laws, regulations, or generally accepted practices or guidelines in the relevant jurisdictions.

3.3.2. Regional Compliance

You are responsible for knowing and complying with all local laws, rules, and regulations applicable to your use of the Service. For users outside the United States, you agree to comply with all local laws regarding online conduct and acceptable content.

3.4. Responsibility for Content

3.4.1. Ownership and Responsibility

You retain ownership of and responsibility for Content you create or own (“Your Content”). If you’re posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third-party licenses relating to Content you post.

4. Service Provision

4.1. Service Accessibility

4.1.1. Availability

We strive to ensure that the Service is available to you at all times, but you acknowledge that interruptions, delays, and disruptions are inherent in internet-based services and are beyond our control.

4.1.2. Scheduled Maintenance

To ensure optimal performance of the Services, FANCYAI Inc. routinely performs maintenance which may require taking the Services offline. We make every effort to schedule maintenance during non-peak hours and provide advance notice of any downtime.

4.1.3. Service Changes

FANCYAI Inc. reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that FANCYAI Inc. shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

4.2. Technical Support and Customer Service

4.2.1. Support Availability

Customer support is available via email, phone, or in-app messaging. Our customer support team will make reasonable efforts to respond to your queries and resolve any issues in a timely and professional manner.

4.2.2. Resolution Time

While we cannot guarantee a specific resolution time, we will work diligently to address your concerns as quickly as possible, prioritizing issues according to their severity and impact.

4.3. User Responsibilities

4.3.1. Compatible Hardware and Software

You are responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, software, and long-distance or local telephone service.

4.3.2. Cooperation with Requirements

You agree to cooperate with FANCYAI Inc.’s reasonable requests for information and compliance with FANCYAI Inc.’s policies in your use of the Service, including providing necessary updates to equipment or software.

4.4. Use of Service

4.4.1. Permitted Uses

The Service is provided to you as a suite of tools to assist with your SEO needs. You agree to use the Service as intended and not to exploit it in any manner that is not expressly authorized by FANCYAI Inc.

4.4.2. No Unauthorized Access

You may not access the Service in a way intended to avoid incurring fees or exceeding usage limits.

5. Intellectual Property

5.1. Ownership of the Service

5.1.1. Proprietary Rights

All intellectual property rights in the Service, including without limitation, any software, applications, inventions, know-how, associated media, and any content or data provided in the Service (excluding content provided by users) are owned by FANCYAI Inc. or FANCYAI Inc.’s licensors. This Agreement does not transfer from FANCYAI Inc. to you any FANCYAI Inc. or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with FANCYAI Inc.

5.1.2. Copyright Notices

You may not remove any copyright notices from any of the materials contained within the Service. All logos and trademarks displayed on the Service are the property of their respective owners and must not be used in any manner without the express written consent of FANCYAI Inc. or the trademark owner.

5.2. User-Generated Content

5.2.1. User Ownership

You retain all your ownership rights in your content. By submitting, posting, or displaying content on or through the Service, you grant FANCYAI Inc. a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution methods (now known or later developed).

5.2.2. Responsibility for Content

You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you submit; and you license to FANCYAI Inc. all patent, trademark, trade secret, copyright, or other proprietary rights in and to such content for publication on the Service pursuant to these Terms of Service.

5.3. Software Licensing

5.3.1. License Grant

Subject to the terms of this Agreement, FANCYAI Inc. grants you a non-transferable, non-exclusive, revocable, limited license to use the Service strictly in accordance with this Agreement and any documentation made available to you by FANCYAI Inc.

5.3.2. Restrictions

Except as explicitly provided herein or with FANCYAI Inc.’s express written permission, you shall not (a) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Service in any way; (b) modify or make derivative works based upon the Service; (c) create Internet “links” to the Service or “frame” or “mirror” any application on any other server or wireless or Internet-based device; or (d) reverse engineer or access the Service in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions, or graphics of the Service, or (iii) copy any ideas, features, functions, or graphics of the Service.

6. Termination

6.1. Termination by User

6.1.1. Account Cancellation

You have the right to terminate your account and discontinue the use of the Service at any time by following the account cancellation procedures made available to you within the Service or by contacting FANCYAI Inc. customer support.

6.1.2. Effect of Termination

Upon termination, your account will be closed, and you will no longer be able to access your account or any content or data you have stored on the Service. It is your responsibility to secure any necessary content or data prior to termination.

6.2. Termination by FANCYAI Inc.

6.2.1. Breach of Terms

FANCYAI Inc. may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, should you breach any of these terms or if you engage in conduct that FANCYAI Inc. believes is harmful to its operations, reputation, or goodwill.

6.2.2. Inactivity

FANCYAI Inc. reserves the right to terminate the account of a user that has been inactive for an extended period of time as defined by FANCYAI Inc.

6.2.3. Notice of Termination

Whenever feasible, FANCYAI Inc. will provide you with notice of termination, allowing you reasonable time to retrieve any content permissible under these terms and the law.

6.3. Survival of Terms

6.3.1. Post-Termination Obligations

Termination of your account does not relieve you of any obligation to pay any outstanding fees, nor does it extinguish your obligation to refrain from unlawful use of the Service after termination.

6.3.2. Surviving Provisions

The following provisions will survive termination of your relationship with FANCYAI Inc.: Sections 5 (Intellectual Property), 6 (Termination), 7 (Limitation of Liability), and 8 (Dispute Resolution), as well as any other provisions of these terms which, by their nature, should survive termination.

7. Limitation of Liability

7.1. Disclaimer of Certain Damages

7.1.1. Indirect Damages

To the maximum extent permitted by applicable law, in no event shall FANCYAI Inc. be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to, use of, or inability to access or use the Service; (b) any conduct or content of any third party on the Service, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; or (c) unauthorized access, use, or alteration of your transmissions or content.

7.2. Cap on Liability

7.2.1. Maximum Liability

In no event shall the aggregate liability of FANCYAI Inc. exceed the greater of one hundred U.S. dollars (U.S. $100) or the amount you paid FANCYAI Inc., if any, in the past six months for the Services giving rise to the claim.

7.3. Basis of the Bargain

7.3.1. Basis of Agreement

The limitations of liability set forth above are fundamental elements of the basis of the agreement between FANCYAI Inc. and you.

7.4. Jurisdictional Limitations

7.4.1. Consumer Protection Laws

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction.

7.5. Essential Purpose

7.5.1. Essential Terms

The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law and do not affect any liability which cannot be excluded or limited under applicable law.

8. Dispute Resolution

8.1. Informal Negotiations

8.1.1. Initial Resolution Attempt

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service (each a “Dispute” and collectively, the “Disputes”) brought by either you or FANCYAI Inc. (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one Party to the other Party.

8.2. Binding Arbitration

8.2.1. Agreement to Arbitrate

If the Parties are unable to resolve a Dispute through informal negotiations, either Party may elect to have the Dispute (with the exception of those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one Party shall be final and binding on the other. The arbitration shall be administered by the American Arbitration Association (AAA) pursuant to its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “Arbitration Rules”).

8.2.2. Arbitration Procedures

The arbitration will be conducted in the English language. A single arbitrator will be appointed pursuant to the Arbitration Rules. The arbitrator must be neutral and independent and shall comply with the Arbitration Rules. The arbitration will be held in Texas, or any other location both Parties agree in writing.

8.2.3. Arbitration Costs

Payment of all filing, administration, and arbitrator fees will be governed by the Arbitration Rules. Each Party will be responsible for their own attorney’s fees and any costs of arbitration.

8.3. Exceptions to Informal Negotiations and Arbitration

8.3.1. Exclusions

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

8.4. Governing Law

8.4.1. Jurisdiction

The Parties agree that the Terms of Service and any disputes hereunder shall be governed in all respects by the laws of Texas, without regard to its conflict of law principles.

8.5. Jurisdiction for Legal Disputes

8.5.1. Legal Actions

Unless both Parties agree otherwise, in the event that the binding arbitration provisions are found unenforceable or are nullified, or in instances of Disputes falling outside of binding arbitration, the Parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Travis County, Texas.

9. Amendments to the Terms of Service

9.1. Right to Amend

9.1.1. Periodic Revision

FANCYAI Inc. reserves the right, at our sole discretion, to modify or replace these Terms of Service at any time. If a revision is material, we will make reasonable efforts to provide at least thirty (30) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

9.2. Notification of Amendments

9.2.1. Notice of Changes

You will be notified of any amendments through a prominent notice on our Service or by direct communication to you via email or other personal contact information we have for you, if applicable.

9.2.2. Responsibility to Review

It is your responsibility to check these Terms of Service periodically for changes. Your continued use of or access to the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

9.3. User Acceptance of Amendments

9.3.1. Binding Agreement

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

9.4. Historical Versions

9.4.1. Availability of Past Terms

FANCYAI Inc. may keep previous versions of the Terms of Service in an archive for your review upon request.

9.5. Effective Date of Amendments

9.5.1. Date of Enforcement

The amended terms will be effective as of the date they are posted on FANCYAI Inc.’s website or as otherwise stated in our notice to you.

10. Contact Information

10.1. Inquiries and Correspondence

10.1.1. General Contact

For any questions, concerns, complaints, or claims regarding the Service, please contact FANCYAI Inc. using the following:

  • Email: [email protected]
  • Phone: +1 (866) 448-0866
  • Postal Address: 1801 E 51st Street, Suite 365-132 Austin, TX 78723

10.2. Customer Support

10.2.1. Support Services

Customer support services are available at the specified times on the contact page of our Service’s website. FANCYAI Inc. will use commercially reasonable efforts to address your queries or complaints in a timely and effective manner.

10.3. Legal Notices

10.3.1. Formal Communication

Formal legal notices should be sent to FANCYAI Inc. at the postal address listed above and are deemed given upon receipt when sent by registered or certified mail with return receipt requested.

10.4. Feedback

10.4.1. Submission of Feedback

FANCYAI Inc. welcomes feedback, comments, ideas, and suggestions for improvements to the Service (“Feedback”). You can submit Feedback by emailing us at [email protected] or through any other communication channels provided by FANCYAI Inc.

10.5. Electronic Communications

10.5.1. Acknowledgment of Electronic Notices

By using the Service, you agree to receive electronically all communications, agreements, documents, notices, and disclosures that we provide in connection with the Service. We will provide these communications to you by posting them on the Service’s website or by emailing them to the email address listed in your account information.

11. Privacy and Service Level Commitment

11.1. Privacy Policy

11.1.1. Commitment to Privacy

FancyAI Inc. values your privacy and is committed to protecting your personal data. Our Privacy Policy outlines our practices concerning data collection, use, and sharing of your information when you use the FancyAI service.

11.1.2. Acceptance of Privacy Policy

By agreeing to these Terms of Service, you also agree to the terms of our Privacy Policy, which is incorporated herein by reference. Please read the Privacy Policy carefully as it provides important information about your personal data.

11.1.3. Privacy Policy Link

The Privacy Policy can be accessed at any time at the following link: Privacy Policy Link.

11.2. Service Level Agreement (SLA)

11.2.1. Service Commitment

FancyAI Inc. aims to provide a reliable, high-quality service to all our users. Our Service Level Agreement details our commitments to you regarding service availability, performance, and other aspects of the FancyAI service.

11.2.2. Acknowledgement of SLA

By using FancyAI, you acknowledge that you have read, understood, and agree to the terms of the Service Level Agreement.

11.2.3. SLA Link

The SLA is an integral part of our service commitment and is available at the following link: Service Level Agreement Link.