Terms

1\ introduction and acceptance 1 1 agreement to terms these terms of service ("terms," "agreement") constitute a legally binding agreement between you ("user," "you," "your," or "customer") and tinycheque ventures private limited (india) and tinycheque, inc (united states), collectively referred to as "seoengine," "company," "we," "us," or "our " by accessing or using seoengine ai, including all associated websites, applications, apis, and services (collectively, the "services"), you acknowledge that you have read, understood, and agree to be bound by these terms if you are entering into this agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these terms 1 2 additional agreements these terms incorporate by reference our privacy policy our refund policy our acceptable use policy our api terms (if you use our api) any additional terms presented when you use specific features 1 3 changes to terms we reserve the right to modify these terms at any time we will provide notice of material changes by posting a prominent notice on our website sending email notification to your registered email address updating the "last updated" date at the top of these terms material changes will become effective thirty (30) days after notice is provided, unless otherwise specified non material changes take effect immediately upon posting your continued use of the services after the effective date constitutes acceptance of the modified terms 1 4 electronic agreement by using our services, you consent to receive all communications, agreements, and notices electronically, including via email and through your account dashboard you agree that such electronic communications satisfy any legal requirement that communications be in writing 1 5 language these terms are provided in english in the event of any conflict between translated versions and the english version, the english version shall prevail, except where local law requires otherwise 2\ definitions for purposes of these terms, the following definitions apply "account" means the user account you create to access and use the services "affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with a party, where "control" means ownership of more than fifty percent (50%) of the voting securities "api" means the application programming interfaces made available by seoengine for integration with the services "authorized user" means any individual authorized by the account holder to access and use the services under the account "brand kit" means the collection of writing samples, style guidelines, brand voice descriptions, tone preferences, and other materials you provide to train our content generation systems "confidential information" means any non public information disclosed by either party that is designated as confidential or that reasonably should be understood to be confidential "connected platform" means any third party service you integrate with the services, including content management systems, analytics platforms, and publishing tools "content" means all text, images, data, files, and other materials uploaded, submitted, or transmitted through the services "documentation" means the user guides, help articles, api documentation, and other technical materials we provide regarding the services "generated content" means articles, blog posts, metadata, and other content created by our ai powered systems on your behalf "intellectual property rights" means all patents, copyrights, trademarks, trade secrets, and other intellectual property rights "personal data" has the meaning set forth in our privacy policy "services" means all products, features, tools, apis, and functionalities offered by seoengine ai "subscription" means any paid plan or service tier you purchase "user content" means any content you upload, submit, or transmit to the services, including brand kit materials 3\ eligibility and account registration 3 1 age requirements you must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, whichever is greater, to use the services if you are under 18, you may not create an account or use the services 3 2 business accounts if you are using the services on behalf of a business, organization, or other legal entity you represent and warrant that you have authority to bind such entity to these terms the entity agrees to be bound by these terms "you" and "your" refer to both you individually and the entity the entity is responsible for all activity under the account 3 3 account registration to access certain features of the services, you must create an account when registering, you agree to provide accurate, current, and complete information maintain and promptly update your information keep your password secure and confidential not share your account credentials with others notify us immediately of any unauthorized access accept responsibility for all activity under your account 3 4 account security you are solely responsible for maintaining the security of your account this includes creating a strong, unique password enabling multi factor authentication when available protecting your api keys and access tokens logging out from shared or public devices not storing credentials in insecure locations we are not liable for any loss or damage arising from your failure to protect your account credentials 3 5 one account per user unless expressly permitted by a team or enterprise plan, you may only maintain one account we reserve the right to terminate duplicate accounts 3 6 account sharing your account is for your personal or authorized business use only you may not share your account credentials with third parties allow others to access your account sell, transfer, or sublicense your account use another person's account without permission 3 7 team and enterprise accounts if you have a team or enterprise plan the account administrator controls access and permissions each authorized user must agree to these terms the account holder is responsible for all authorized user activity authorized user access may be revoked at any time 3 8 account verification we may require verification of your identity or business at any time failure to provide requested verification may result in account suspension or termination 4\ description of services 4 1 core services seoengine ai provides ai powered seo content creation and optimization services, including but not limited to content generation ai generated seo optimized articles (1,500 2,500+ words) blog posts tailored to your brand voice automated keyword research and topic selection meta descriptions and title optimization internal linking suggestions brand voice training brand kit creation and management style and tone analysis voice replication across all generated content automation features automated daily content generation scheduled publishing to your cms hands free keyword research youtube video integration in articles analytics and monitoring seo performance tracking keyword ranking monitoring content performance analytics 4 2 service modifications we reserve the right to modify, suspend, or discontinue any aspect of the services at any time, with or without notice we will make reasonable efforts to provide advance notice of material changes that adversely affect your use of the services 4 3 beta features we may offer beta, preview, or experimental features ("beta features") beta features are provided "as is" without warranty subject to change or discontinuation without notice not subject to any service level commitments may contain bugs or errors may have limited functionality your use of beta features is voluntary and at your own risk 4 4 service limitations the services have certain inherent limitations ai generated content may require human review and editing seo results depend on many factors outside our control search engine algorithms change frequently and unpredictably we cannot guarantee specific rankings, traffic, or results content generation is subject to ai system capabilities and limitations 5\ subscription plans and pricing 5 1 pricing model seoengine ai offers a pay per article pricing model current pricing $5 00 usd per article no monthly subscription fees no long term commitments no feature limitations based on pricing tiers 5 2 included features each article includes ai powered keyword research seo optimized content (1,500 2,500+ words) brand voice matching relevant youtube video integration meta description and title internal linking suggestions wordpress/cms publishing (if connected) 5 3 volume packages we may offer volume packages or credits prepaid article credits at discounted rates volume discounts for bulk purchases enterprise pricing for high volume needs credit packages are non refundable except as required by law 5 4 price changes we reserve the right to change our pricing at any time price changes will not affect prepaid credits or active subscriptions until renewal will be communicated at least thirty (30) days in advance take effect on your next purchase or renewal date 5 5 promotional pricing promotional or discounted pricing is valid only for the promotional period specified may be subject to additional terms and conditions may not be combined with other offers unless explicitly stated may be limited in quantity or duration 5 6 currency all prices are displayed and charged in united states dollars (usd) unless otherwise specified you are responsible for any currency conversion fees charged by your payment provider 5 7 taxes prices do not include applicable taxes you are responsible for all applicable sales, use, vat, gst, or other taxes providing accurate tax information tax obligations in your jurisdiction we will collect and remit taxes where legally required 6\ payment terms 6 1 payment methods we accept the following payment methods major credit cards (visa, mastercard, american express) debit cards paypal razorpay (for indian customers) bank transfers (for enterprise accounts) other methods as made available 6 2 payment processing payments are processed by third party payment processors by providing payment information, you authorize us to charge your payment method represent that you are authorized to use the payment method agree to the payment processor's terms of service 6 3 billing for pay per article purchases charges are processed at the time of purchase receipts are sent to your registered email transaction history is available in your account dashboard for subscription or credit packages charges are processed upon purchase auto renewal may be enabled (you will be notified) you may disable auto renewal at any time 6 4 failed payments if a payment fails we will notify you of the failure we may retry the payment method services may be suspended until payment is resolved you are responsible for updating payment information 6 5 disputed charges if you believe a charge is incorrect contact us within sixty (60) days of the charge provide details of the disputed charge we will investigate and respond within thirty (30) days legitimate disputes will be refunded promptly 6 6 chargebacks filing a chargeback without first contacting us may result in immediate account suspension collection of the disputed amount plus chargeback fees permanent account termination reporting to fraud prevention services we encourage you to contact us before initiating a chargeback 6 7 late payments for enterprise or invoiced accounts payment is due within thirty (30) days of invoice date late payments accrue interest at 1 5% per month (or maximum legal rate) we may suspend services for accounts more than fifteen (15) days past due collection costs and attorney fees may be charged for delinquent accounts 6 8 refunds refunds are governed by our refund policy in general unused prepaid credits may be refunded within fourteen (14) days of purchase refunds are issued to the original payment method refund requests must be submitted through official channels certain purchases may be non refundable 7\ user content and brand kit 7 1 your ownership you retain all ownership rights to user content you submit to the services, including brand kit materials we do not claim ownership of your user content 7 2 license grant to seoengine by submitting user content, you grant seoengine a worldwide, non exclusive, royalty free, sublicensable license to use, reproduce, modify, and process your user content train ai models to replicate your brand voice generate content based on your brand kit store and transmit your user content as necessary for the services create derivative works for the purpose of providing services this license is limited to the purposes of providing the services continues until you delete your account or user content does not permit us to sell your user content to third parties does not grant us rights beyond what is necessary for service delivery 7 3 license grant to you we grant you a limited, non exclusive, non transferable license to access and use the services in accordance with these terms download and use generated content for any lawful purpose publish generated content on your websites and platforms 7 4 brand kit materials when you provide brand kit materials ensure you have rights to all materials submitted materials are used solely to train your brand voice profile we do not share your brand kit with other users you may update or delete brand kit materials at any time deletion may affect the quality of future generated content 7 5 content accuracy and responsibility you are solely responsible for the accuracy of user content you submit ensuring brand kit materials represent your desired voice reviewing generated content before publication verifying facts, statistics, and claims in generated content compliance with applicable laws regarding published content 7 6 content backups while we implement reasonable backup procedures you are responsible for maintaining your own backups we do not guarantee recovery of lost or deleted content export your content regularly to prevent data loss 8\ generated content and intellectual property 8 1 ownership of generated content subject to these terms you own all generated content created for your account generated content is created as a "work made for hire" to the extent permitted by law where work for hire does not apply, we assign all rights to you you may use generated content for any lawful purpose you may modify, publish, or commercialize generated content 8 2 our intellectual property seoengine retains all rights in the services, including software, algorithms, and ai models our trademarks, logos, and brand elements documentation, templates, and training materials aggregated, anonymized insights derived from all user data improvements to our ai systems and technology 8 3 no guarantee of uniqueness while our ai systems are designed to generate original content we cannot guarantee content is entirely unique similar prompts may produce similar outputs you are responsible for plagiarism checking before publication we recommend using plagiarism detection tools 8 4 third party content generated content may include references to publicly available information embedded youtube videos (subject to youtube's terms) links to third party websites information from public sources you are responsible for compliance with third party terms and licenses 8 5 attribution unless otherwise agreed you are not required to attribute generated content to seoengine you may publish generated content under your own name or brand we may request permission to use your success stories or testimonials 8 6 feedback if you provide feedback, suggestions, or ideas about the services you grant us a perpetual, worldwide, royalty free license to use such feedback we may incorporate feedback into the services without obligation feedback does not create any confidential relationship you are not entitled to compensation for feedback 8 7 copyright complaints if you believe content on the services infringes your copyright submit a dmca notice to our designated agent include all required information under 17 u s c § 512 we will respond in accordance with applicable law false claims may result in liability dmca agent tinycheque, inc attn dmca agent 131 continental dr, suite 305 newark, delaware 19713, usa email hello\@seoengine ai 9\ artificial intelligence terms 9 1 ai powered services our services utilize artificial intelligence and machine learning technologies to analyze your brand kit and learn your writing style research keywords and topics in your niche generate seo optimized content optimize meta descriptions and titles suggest internal linking opportunities 9 2 ai limitations and disclaimers you acknowledge and understand that content quality ai generated content may contain errors, inaccuracies, or inconsistencies facts, statistics, and claims should be independently verified content quality may vary based on input quality human review and editing is recommended before publication no guarantee of results we do not guarantee specific seo rankings or results search engine algorithms are outside our control organic traffic depends on many external factors past performance does not guarantee future results ai hallucinations ai systems may occasionally generate false or misleading information verify all factual claims before publishing we implement safeguards but cannot eliminate all errors evolving technology ai capabilities and limitations change over time content quality may vary as we improve our systems features may be added, modified, or removed 9 3 human review responsibility you are solely responsible for reviewing all generated content before publication verifying accuracy of facts, statistics, and claims ensuring content complies with applicable laws checking for unintended plagiarism or copyright issues making editorial decisions about publication we strongly recommend that you read every article before publishing fact check statistics and specific claims run plagiarism checks using third party tools edit content to ensure accuracy and brand alignment consult legal counsel for regulated industries 9 4 e e a t compliance our ai systems are designed with google's e e a t (experience, expertise, authoritativeness, trustworthiness) guidelines in mind content is based on your brand kit expertise sources are verified where possible we avoid fabricated statistics or testimonials content is structured for helpfulness and clarity however, ultimate e e a t compliance depends on your actual expertise and authority your website's overall trustworthiness how content is presented and attributed your ongoing content strategy 9 5 search engine guidelines our services are designed to comply with search engine guidelines, including google's policies on ai generated content however search engine policies may change at any time we cannot guarantee compliance with future guidelines you are responsible for monitoring guideline changes algorithm updates may affect content performance 9 6 ai content disclosure some jurisdictions or platforms may require disclosure of ai generated content you are responsible for understanding disclosure requirements in your jurisdiction complying with platform specific policies adding appropriate disclosures where required staying informed about evolving disclosure requirements 9 7 prohibited ai uses you may not use our ai services to generate content for illegal purposes create deceptive or misleading content produce content that violates third party rights generate harmful, dangerous, or unethical content circumvent content policies or safety measures train competing ai systems using our outputs 10\ cms and third party integrations 10 1 supported integrations the services integrate with various third party platforms wordpress webflow ghost other cms platforms (as announced) google analytics google search console 10 2 integration requirements to use integrations, you must have valid accounts with the third party platforms provide necessary credentials or api access agree to the third party's terms of service maintain your integration settings 10 3 credential security when you provide third party credentials we encrypt and securely store your credentials credentials are used only for authorized integrations we do not share credentials with others you may revoke access at any time you are responsible for using strong, unique credentials rotating credentials periodically revoking compromised credentials immediately maintaining appropriate access levels 10 4 third party terms your use of third party integrations is subject to those platforms' terms we are not responsible for third party service availability third party terms may restrict certain uses changes to third party apis may affect integrations we may discontinue integrations due to third party changes 10 5 publishing authorization by connecting your cms you authorize us to publish generated content on your behalf you confirm you have authority to publish to the connected site you can enable or disable auto publishing at any time you remain responsible for all published content 10 6 integration failures we are not responsible for third party service outages or failures changes to third party apis that break integrations data loss due to third party actions content not published due to third party issues we will make reasonable efforts to notify you of integration issues 11\ api terms of use 11 1 api access we may provide api access to certain service features api access may require a separate agreement is subject to these terms plus api specific terms may be restricted, rate limited, or terminated requires valid api credentials 11 2 api credentials api keys and access tokens are confidential and should be protected may not be shared, sold, or transferred should be rotated periodically must be revoked immediately if compromised you are responsible for all activity using your api credentials 11 3 rate limits api usage is subject to rate limits limits vary by plan and endpoint exceeding limits may result in throttling or suspension we may adjust limits at any time higher limits may be available for enterprise plans 11 4 permitted api uses you may use the api to integrate the services with your own applications automate workflows within your organization build internal tools that leverage our services 11 5 prohibited api uses you may not use the api to build competing products or services resell or redistribute api access circumvent usage limits or restrictions reverse engineer our systems access data belonging to other users overload or disrupt our infrastructure train ai models using api outputs without authorization 11 6 api changes we may modify, deprecate, or discontinue api endpoints we will provide reasonable notice of breaking changes deprecated endpoints may continue for a transition period you are responsible for updating your integrations we are not liable for issues caused by api changes 11 7 api sla api availability we target 99 9% uptime but do not guarantee it scheduled maintenance will be announced in advance emergency maintenance may occur without notice slas for enterprise customers may differ 12\ acceptable use policy 12 1 general standards you agree to use the services only for lawful purposes and in accordance with these terms you must comply with all applicable laws and regulations respect the rights of others act in good faith not interfere with the services or other users 12 2 permitted uses the services may be used for creating legitimate business content seo optimization for lawful websites educational and informational content marketing and promotional materials personal blogs and publications 12 3 content standards content generated or published using the services must be truthful and not misleading not infringe intellectual property rights not violate privacy or publicity rights comply with advertising and disclosure requirements be appropriate for your target audience 12 4 industry specific requirements certain industries have additional requirements financial services comply with sec, finra, or equivalent regulations include required disclaimers and disclosures avoid prohibited investment advice healthcare comply with medical content regulations include appropriate disclaimers not provide specific medical advice without qualification legal include attorney advertising disclosures where required not provide unauthorized legal advice comply with bar association rules you are solely responsible for industry specific compliance 13\ prohibited conduct 13 1 prohibited activities you may not illegal activities use the services for any unlawful purpose violate any applicable law or regulation facilitate illegal activities by others evade legal obligations harmful content create content that promotes violence or harm generate hate speech or discriminatory content produce sexually explicit or pornographic material create content harmful to minors generate content that promotes self harm or suicide fraud and deception create misleading or deceptive content impersonate others or misrepresent affiliation generate fake reviews or testimonials create phishing or scam content spread misinformation or disinformation intellectual property violations infringe copyrights, trademarks, or patents use others' content without authorization create content designed to plagiarize violate trade secrets or confidential information technical abuse attempt to gain unauthorized access interfere with service operation introduce malware, viruses, or harmful code conduct denial of service attacks scrape or harvest data without authorization circumvent security measures commercial abuse resell services without authorization use services to build competing products exceed usage limits through technical means share account access to avoid fees 13 2 spam and manipulation you may not use the services to generate spam or unsolicited communications manipulate search engine rankings through deceptive practices create doorway pages or cloaked content engage in link schemes or link manipulation generate low quality content at scale to manipulate rankings 13 3 consequences of violations violations may result in warning or notice of violation content removal account suspension permanent account termination legal action reporting to law enforcement no refund of fees paid we reserve sole discretion in determining violations and appropriate responses 14\ service availability and support 14 1 service availability we strive to maintain high availability but do not guarantee uninterrupted access the services are provided on an "as available" basis scheduled maintenance will be announced when possible emergency maintenance may occur without notice third party services may affect availability 14 2 uptime target we target 99 5% uptime, calculated monthly, excluding scheduled maintenance windows force majeure events third party service outages issues caused by your actions 14 3 maintenance windows scheduled maintenance will be announced at least 48 hours in advance when possible typically occurs during low usage periods may require temporary service interruption is excluded from uptime calculations 14 4 customer support support is provided through email hello\@seoengine ai in app help center knowledge base and documentation live chat (during business hours) support hours standard monday friday, 9 am 6 pm ist enterprise extended hours per agreement 14 5 support response times we aim to respond within priority first response critical (service down) 4 hours high (major feature broken) 8 hours medium (minor issue) 24 hours low (general inquiry) 48 hours response times are targets, not guarantees 14 6 support limitations support does not include custom development or integrations training beyond documentation content review or editing services seo consulting or strategy legal or regulatory advice 15\ warranties and disclaimers 15 1 limited warranty we warrant that the services will perform substantially as described in our documentation we have the right to provide the services we will use commercially reasonable efforts to maintain service quality 15 2 disclaimer of warranties to the maximum extent permitted by law the services are provided "as is" and "as available" without warranty of any kind, express or implied, including but not limited to warranties of merchantability fitness for a particular purpose non infringement accuracy or completeness results to be obtained from use uninterrupted or error free operation 15 3 ai specific disclaimers we specifically disclaim any warranty that generated content will be accurate, complete, or error free any warranty that generated content will achieve specific seo results any warranty that generated content will not infringe third party rights any warranty that our ai systems will perform consistently or predictably any warranty regarding search engine rankings or organic traffic 15 4 third party disclaimers we are not responsible for third party services, content, or products actions of third party platforms or partners content or websites linked from generated content changes to third party policies affecting the services 15 5 no professional advice the services do not provide legal advice financial or investment advice medical or health advice tax advice any other professional advice consult appropriate professionals for such matters 15 6 assumption of risk you assume all risk associated with use of the services publication of generated content reliance on ai generated information integration with third party services compliance with applicable laws 16\ limitation of liability 16 1 exclusion of damages to the maximum extent permitted by law, seoengine shall not be liable for indirect, incidental, special, consequential, or punitive damages loss of profits, revenue, or business opportunities loss of data or data breach costs loss of goodwill or reputation cost of substitute services any damages arising from search engine ranking changes or penalties algorithm updates affecting content performance third party actions or services unauthorized access to your account content errors, inaccuracies, or omissions service interruptions or downtime lost or corrupted data 16 2 cap on liability our total liability for all claims arising from or related to these terms or the services shall not exceed the greater of (a) the amounts you paid to us in the twelve (12) months preceding the claim, or (b) one hundred united states dollars (usd $100 00) 16 3 basis of the bargain you acknowledge that the disclaimers and limitations are essential elements of these terms we would not provide the services without these protections the pricing reflects this allocation of risk these limitations apply regardless of the theory of liability 16 4 exceptions the limitations in this section do not apply to liability that cannot be excluded by law your breach of section 13 (prohibited conduct) your indemnification obligations fraud or willful misconduct 16 5 jurisdictional variations some jurisdictions do not allow certain limitations in such cases the limitations apply to the fullest extent permitted liability is limited to the minimum extent required by law 17\ indemnification 17 1 your indemnification obligations you agree to indemnify, defend, and hold harmless seoengine, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, damages, losses, costs, and expenses (including reasonable attorney fees) arising from your use of the services user content you submit generated content you publish your violation of these terms your violation of any law or third party rights your negligence or willful misconduct any claim that your content infringes intellectual property rights your use of integrations or connected platforms 17 2 indemnification procedure for any claim subject to indemnification we will promptly notify you of the claim you will have control of the defense (subject to our approval of counsel) we may participate in the defense at our expense you will not settle without our written consent we will provide reasonable cooperation 17 3 our indemnification we will indemnify you against third party claims that the services infringe intellectual property rights, provided you notify us promptly of the claim you allow us to control the defense you provide reasonable cooperation this indemnity does not apply to claims arising from your user content or modifications use in combination with non seoengine products use in violation of these terms use of beta features 17 4 remedies for infringement claims if the services are found to infringe, we may obtain the right to continue providing the services modify the services to be non infringing replace the services with non infringing alternatives terminate the affected services and refund prepaid fees 18\ term and termination 18 1 term these terms are effective from the date you first access the services and continue until terminated 18 2 termination by you you may terminate your account at any time by using the account deletion feature in your dashboard contacting hello\@seoengine ai providing written notice to our address 18 3 termination by us we may terminate or suspend your account immediately, without notice, for material breach of these terms violation of section 13 (prohibited conduct) fraudulent or illegal activity non payment after notice and cure period risk to our systems or other users legal or regulatory requirements with thirty (30) days notice, for discontinuation of the services changes to our business operations convenience (with refund of prepaid amounts) 18 4 suspension we may suspend your access without termination for suspected violations pending investigation security concerns required maintenance non payment suspension does not waive our right to terminate 18 5 effect on subscriptions upon termination active subscriptions are canceled no refunds except as specified in our refund policy prepaid credits are forfeited unless termination is by us for convenience auto renewal is disabled 19\ effects of termination 19 1 data export before termination, you should export all data you wish to retain download your generated content save your brand kit materials record any needed information we provide data export tools in your account dashboard 19 2 data deletion after termination your account will be deactivated immediately your data will be retained for thirty (30) days for potential reactivation after thirty (30) days, data enters our deletion queue complete deletion occurs within ninety (90) days some data may be retained longer for legal compliance 19 3 generated content upon termination you retain ownership of generated content content already published to your platforms remains yours we delete our copies per our retention schedule we have no obligation to maintain or provide access to generated content 19 4 survival the following sections survive termination section 2 (definitions) section 7 2 (license grant to seoengine) for content not yet deleted section 8 (generated content and ip) section 15 (warranties and disclaimers) section 16 (limitation of liability) section 17 (indemnification) section 19 (effects of termination) section 20 (dispute resolution) section 21 (governing law) section 22 (general provisions) any accrued payment obligations 19 5 no liability for termination we are not liable for any damages resulting from termination in accordance with these terms 20\ dispute resolution 20 1 informal resolution before initiating formal proceedings, you agree to attempt informal resolution send a written notice describing the dispute to legal\@seoengine ai include your contact information and account details allow sixty (60) days for us to attempt resolution participate in good faith negotiations 20 2 arbitration agreement for users in the united states if informal resolution fails, any dispute shall be resolved through binding arbitration rather than court, except claims that qualify for small claims court claims for injunctive relief to protect intellectual property arbitration rules administered by the american arbitration association (aaa) under aaa commercial arbitration rules conducted in english location delaware, usa (or by teleconference) arbitrator's decision is binding and enforceable costs filing fees shared equally unless arbitrator rules otherwise each party bears its own attorney fees unless arbitrator awards fees we will pay all arbitration costs if your claim is under $10,000 20 3 class action waiver you agree to resolve disputes only on an individual basis and not as part of any class, consolidated, or representative action you waive any right to participate in class actions participate in class wide arbitration serve as a representative or private attorney general consolidate claims with others if this waiver is found unenforceable, the entire arbitration agreement is void 20 4 opt out you may opt out of the arbitration agreement by sending written notice within thirty (30) days of first using the services emailing legal\@seoengine ai with subject "arbitration opt out" including your name, email, and account information opting out does not affect other provisions of these terms 20 5 time limitation any claim must be brought within one (1) year of when the claim arose, or the claim is permanently barred 20 6 indian users for users in india disputes shall be resolved through arbitration under the arbitration and conciliation act, 1996 seat of arbitration gurugram, haryana, india language english single arbitrator mutually agreed upon indian council of arbitration rules apply 21\ governing law and jurisdiction 21 1 for users in the united states these terms are governed by the laws of the state of delaware, usa, without regard to conflict of laws principles exclusive jurisdiction and venue for any disputes not subject to arbitration shall be the state and federal courts located in delaware 21 2 for users in india these terms are governed by the laws of india subject to the arbitration agreement, exclusive jurisdiction shall be the courts of gurugram, haryana, india 21 3 for users in other jurisdictions these terms are governed by the laws of delaware, usa mandatory local consumer protection laws may apply you agree to jurisdiction in delaware for disputes not subject to arbitration 21 4 un convention exclusion the united nations convention on contracts for the international sale of goods does not apply to these terms 22\ general provisions 22 1 entire agreement these terms, together with the privacy policy and any other documents incorporated by reference, constitute the entire agreement between you and seoengine regarding the services they supersede all prior agreements, understandings, and communications 22 2 severability if any provision of these terms is found invalid or unenforceable that provision shall be modified to the minimum extent necessary if modification is not possible, the provision shall be severed remaining provisions continue in full force and effect the invalid provision shall be replaced with a valid provision achieving the same intent 22 3 waiver our failure to enforce any provision does not constitute a waiver of that provision our right to enforce it later any other provision waivers must be in writing and signed by us 22 4 assignment you may not assign or transfer these terms without our written consent any attempted assignment is void we may assign these terms to any affiliate any successor in interest through merger, acquisition, or reorganization any purchaser of all or substantially all our assets 22 5 notices notices to you email to your registered address posting on our website or in your account other methods reasonably calculated to provide notice notices to us email legal\@seoengine ai mail to our addresses listed in section 23 notices are effective upon sending (email) or receipt (mail) 22 6 force majeure we are not liable for delays or failures due to circumstances beyond our reasonable control, including natural disasters acts of war, terrorism, or civil unrest government actions or regulations internet or telecommunications failures power outages pandemics or public health emergencies labor disputes cyberattacks or security incidents affecting infrastructure 22 7 independent contractors the parties are independent contractors nothing creates employment relationship partnership or joint venture agency relationship franchise relationship 22 8 no third party beneficiaries these terms are for the benefit of the parties only there are no third party beneficiaries except indemnified parties under section 17 successors and assigns 22 9 export compliance you represent that you are not located in a country subject to u s embargo you are not on any u s government prohibited party list you will comply with all export and import laws you will not use the services for prohibited end uses 22 10 u s government users if you are a u s government entity the services are "commercial items" as defined in 48 c f r §2 101 rights are limited to those granted to non government users use is subject to these terms 22 11 headings section headings are for convenience only and have no legal effect 22 12 construction these terms shall not be construed against either party as the drafter 23\ contact information 23 1 general inquiries email helo\@seoengine ai website https //seoengine ai/ 23 2 legal notices email hello\@seoengine ai india tinycheque ventures private limited attn legal department floor no 9, tower b3, unit no 935 spaze i tech park, sohna road gurugram, haryana, 122018, india united states tinycheque, inc attn legal department 131 continental dr, suite 305 newark, delaware 19713, usa 23 3 dmca agent email hello\@seoengine ai mail tinycheque, inc attn dmca agent 131 continental dr, suite 305 newark, delaware 19713, usa 23 4 data protection officer email hello\@seoengine ai for privacy related inquiries, see our privacy policy refund policy refund eligibility eligible for refund unused prepaid article credits within two (2) days of purchase service errors that prevented content delivery duplicate charges or billing errors service discontinuation by us not eligible for refund used article credits credits older than two (2) days accounts terminated for terms violations dissatisfaction with generated content quality (editing is available) change of mind after content generation begins requesting a refund to request a refund contact hello\@seoengine ai within the eligible period provide your account email and order details explain the reason for your request allow up to fourteen (14) business days for processing refund method refunds are issued to the original payment method processing times depend on your payment provider partial refunds we may offer partial refunds for partially used credit packages service issues affecting only some deliverables other situations at our discretion chargebacks we encourage you to contact us before initiating a chargeback unauthorized chargebacks may result in account termination and collection action acknowledgment by using seoengine ai, you acknowledge that you have read, understood, and agree to be bound by these terms of service seoengine ai a product of tinycheque ventures private limited (india) & tinycheque, inc (usa)