1. Acceptance of Terms
By accessing or using The AI CMO's website, applications, services, or products (the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.
These Terms constitute a legally binding agreement between you and ROGA AI LIMITED ("we," "us," or "our"), the operator and service provider of The AI CMO. Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms.
Business-to-Business Services: The AI CMO is designed and intended for use by businesses, professionals, and individuals acting in a commercial or professional capacity. Our Services are B2B (business-to-business) in nature and are not intended for personal, family, or household use. By using our Services, you represent that you are using them for business or professional purposes.
When using our services and making payments, you are entering into a relationship with ROGA AI LIMITED, a Gibraltar company.
2. Changes to Terms
We reserve the right to modify, amend, or update these Terms at any time and for any reason. If we make material changes, we will notify you by posting a notice on our website or sending you an email prior to the changes becoming effective.
Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically.
3. User Eligibility
You must be at least 18 years old and capable of entering into legally binding contracts to use our Services. Our Services are intended for businesses and professionals.
By using our Services, you represent and warrant that:
- You have the legal capacity to enter into these Terms
- You are using the Services on behalf of a business, organization, or in a professional capacity
- You have the authority to bind your business or organization to these Terms
- You are not prohibited from using the Services under the laws of your jurisdiction
- You will comply with these Terms and all applicable local, state, national, and international laws
- You will provide accurate business information, including valid business tax identification where required
4. User Accounts
To access certain features of our Services, you may need to create an account. When you create an account, you must provide accurate, current, and complete information.
4.1 Account Security
You are responsible for safeguarding your account credentials. You agree to:
- Keep your password secure and confidential
- Immediately notify us if you suspect unauthorized access to your account
- Be solely responsible for activities that occur under your account
4.2 Account Termination
We reserve the right to terminate or suspend your account at our sole discretion, without notice, for conduct that we determine violates these Terms or is harmful to other users, us, or third parties.
5. Description of Services
The AI CMO is an AI-powered B2B marketing platform designed exclusively for businesses, marketing professionals, agencies, and entrepreneurs to create comprehensive marketing content and strategies for commercial purposes. Our Services may include, but are not limited to:
- AI-powered marketing strategy creation
- PPC campaign scaffolding and ad generation
- Social media content creation and scheduling
- Email marketing campaign generation
- Blog and SEO content creation
- Product description writing
- UGC (User-Generated Content) creation
- AI CRO (Conversion Rate Optimization) with behavioral tracking and AI analysis
- Google Analytics integration and AI-powered insights
- Google Ads integration and optimization recommendations
- Third-party platform integrations via OAuth
5.1 Service Changes
We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
5.2 Service Availability
While we aim to provide uninterrupted service, we do not guarantee that the Services will be available at all times. We may experience hardware, software, or other problems requiring maintenance.
5.3 Third-Party Integrations via Nango.dev
Our Services use Nango.dev as a secure OAuth broker to facilitate connections with third-party platforms including Google Analytics, Google Ads, Facebook, Instagram, LinkedIn, Twitter, YouTube, Mailchimp, and Shopify. By connecting these services, you:
- Grant us permission to access data from your connected accounts as specified in the OAuth consent screen
- Acknowledge that OAuth tokens are securely stored and managed by Nango.dev on our behalf
- Acknowledge that we will process this data in accordance with our Privacy Policy
- Understand that you can revoke access at any time through your account settings
- Accept that we are not responsible for the availability or functionality of third-party services
- Agree to comply with the terms of service of any third-party platforms you connect
- Understand that Nango.dev acts as a data processor under our instructions
5.4 Platform-Specific Requirements
When connecting any third-party platform to your account:
- You must have proper authorization to access the accounts you connect
- We will only access data within the scope of permissions you grant
- We comply with each platform's API Terms of Service and data handling requirements
- You remain responsible for your compliance with each platform's terms and policies
- We do not store your login credentials, only OAuth tokens managed by Nango.dev
- AI-generated insights and recommendations based on third-party data are provided "as-is"
- You are responsible for ensuring your use of integrated data complies with applicable laws
5.5 Website Tracking SDK
When using our tracking SDK for features such as AI CRO, behavioral analytics, or other optimization services:
- You are responsible for installing the SDK only on websites you own or have explicit authorization to modify
- Behavioral data from your website visitors is collected via PostHog and processed to power our analytics and AI features
- You must disclose the use of analytics tracking in your website's privacy policy
- You are responsible for obtaining any necessary consents from your website visitors as required by applicable laws (e.g., GDPR, CCPA, ePrivacy Directive)
- We do not collect personally identifiable information from your website visitors through our SDK
- You agree not to install our SDK on websites that primarily target children under 13
- You are responsible for ensuring your use of our SDK complies with all applicable data protection regulations
- AI-generated insights and recommendations based on SDK data are provided "as-is" and should not be relied upon as the sole basis for business decisions
6. Fees and Payment
Some of our Services are offered on a subscription basis. You agree to pay all fees associated with the Services you select.
6.1 Credits System
Our Services operate on a credit-based system. Different types of content generation consume different amounts of credits:
- Text content: 1 credit per generation
- Marketing strategies: 5 credits per generation
- PPC campaign structures: 5 credits per generation
- Images: 5 credits per generation
- Videos: 10 credits per generation
6.2 Subscription Plans
We offer the following subscription plans:
- Free: 20 one-time credits
- Starter: $129/month for 1,000 credits
- Business: $299/month for 5,000 credits
- Enterprise: Custom pricing for unlimited credits
6.3 Billing and Renewal
By subscribing to our paid Services, you authorize ROGA AI LIMITED to charge the applicable fees to your designated payment method. Unless otherwise specified:
- Subscriptions automatically renew until canceled
- You may cancel your subscription at any time through your account settings
- Cancellations take effect at the end of the current billing period
- All prices are listed excluding VAT/taxes which may apply based on your business location
- Business customers must provide valid tax identification numbers where required
6.4 Refunds
We maintain a strict no-refund policy. All purchases are final and non-refundable. By making a purchase, you acknowledge and agree that you will not be entitled to a refund for any purchase under any circumstance.
7. Intellectual Property Rights
The Services and their original content, features, and functionality are owned by ROGA AI LIMITED and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
7.1 License to Use Services
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services for your personal or business purposes.
You may not:
- Copy, modify, or create derivative works based on our Services
- Distribute, publicly display, or republish our content
- Reverse engineer or attempt to extract the source code
- Remove any copyright, trademark, or other proprietary notices
7.2 AI-Generated Content
For content generated by our AI Services:
- You retain ownership of any content you input into our Services
- You own the output generated by our AI based on your inputs
- We retain ownership of the models, algorithms, and systems that generate the content
8. User Content
"User Content" refers to any information, data, text, or other materials that you upload, submit, or otherwise make available through our Services.
8.1 Content License
By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, and distribute your User Content for the purpose of providing and improving our Services.
8.2 Content Responsibility
You represent and warrant that:
- You own or have the necessary rights to use your User Content
- Your User Content does not violate any third-party rights
- Your User Content does not contain false or misleading information
9. Prohibited Activities
You agree not to use our Services to:
- Violate any applicable law or regulation
- Generate content that is discriminatory, hateful, or harmful
- Create misleading or deceptive marketing materials
- Infringe on intellectual property rights of others
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt the Services
- Use automated systems to abuse our Services
- Collect personal data about other users without consent
- Connect third-party accounts you do not have authorization to access
- Share OAuth tokens or authentication credentials with others
- Use third-party integration data in violation of applicable privacy laws
- Attempt to bypass API rate limits or restrictions imposed by integrated services
10. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
YOU UNDERSTAND AND AGREE THAT AI-GENERATED CONTENT MAY CONTAIN INACCURACIES OR ERRORS. WE MAKE NO GUARANTEES REGARDING THE ACCURACY, RELIABILITY, OR QUALITY OF ANY CONTENT GENERATED THROUGH OUR SERVICES.
WE ARE NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, OR AVAILABILITY OF DATA FROM THIRD-PARTY INTEGRATIONS (INCLUDING BUT NOT LIMITED TO GOOGLE ANALYTICS, GOOGLE ADS, FACEBOOK, INSTAGRAM, LINKEDIN, TWITTER, YOUTUBE, MAILCHIMP, AND SHOPIFY) OR THE SERVICES PROVIDED BY NANGO.DEV. AI-GENERATED INSIGHTS AND RECOMMENDATIONS BASED ON THIRD-PARTY DATA ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON AS THE SOLE BASIS FOR BUSINESS DECISIONS.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ROGA AI LIMITED, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES.
IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
12. Indemnification
You agree to indemnify, defend, and hold harmless ROGA AI LIMITED, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to your violation of these Terms or your use of the Services.
13. Termination
We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.
Upon termination, your right to use the Services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Gibraltar, without regard to its conflict of law provisions.
Any legal action or proceeding arising out of or relating to these Terms or your use of the Services shall be brought exclusively in the courts located in Gibraltar, and you consent to the personal jurisdiction of such courts.