Welcome to Glass Marketing Co. ("Glass Marketing," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our marketing automation platform, including all associated services, software, tools, APIs, content, and features (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you may not access or use the Service.
These Terms constitute a legally binding agreement between you ("Client," "you," or "your") and Glass Marketing Co. If you are entering into these Terms 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. Definitions
"Authorized Users" means individuals authorized by Client to access and use the Service under Client's account, including employees, contractors, and agents.
"Client Content" means all data, text, images, audio, video, brand assets, marketing materials, and other content that Client or its Authorized Users upload, submit, transmit, or otherwise make available through the Service.
"Confidential Information" means any non-public information disclosed by either party to the other, whether orally, in writing, or electronically, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.
"Documentation" means the user guides, help articles, API documentation, and other technical materials we make available regarding the Service.
"Generated Content" means any content, recommendations, analytics, reports, social media posts, marketing copy, images, video, audio, or other output created or produced by the Service on Client's behalf, including content produced using artificial intelligence or machine learning technologies.
"Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all applications and registrations, renewals, and extensions thereof.
"Service" means the Glass Marketing growth automation platform, including the client portal, content generation engine, publishing pipeline, analytics dashboard, learning system, and all related APIs, integrations, and tools.
"Subscription Period" means the period during which Client has paid for and is entitled to access the Service, as specified in the applicable order form or subscription agreement.
"Third-Party Services" means third-party applications, platforms, websites, or services that integrate with or are accessed through the Service, including but not limited to social media platforms (X/Twitter, LinkedIn, Facebook, Instagram), email service providers, advertising platforms, CMS platforms, and analytics services.
2. Account Registration and Eligibility
2.1 Eligibility
The Service is available only to individuals who are at least eighteen (18) years of age and who can form legally binding contracts under applicable law. The Service is intended for use by businesses and organizations; by registering, you represent that you are acting on behalf of a business entity and have the authority to bind that entity to these Terms.
2.2 Account Registration
To access the Service, you must register for an account by providing accurate, current, and complete information. You agree to update your registration information to keep it accurate, current, and complete. You are responsible for safeguarding the credentials used to access your account and for all activities that occur under your account. You must notify us immediately at legal@glassmarketing.co upon becoming aware of any unauthorized use of your account.
2.3 Authorized Users
You may permit Authorized Users to access the Service under your account, subject to these Terms. You are responsible for your Authorized Users' compliance with these Terms and for all activity that occurs under your account, whether or not authorized by you. You shall ensure that all Authorized Users are aware of and comply with these Terms.
3. Service Description
3.1 Platform Overview
Glass Marketing provides a marketing automation platform that uses artificial intelligence and machine learning technologies to assist businesses with content strategy, content generation, social media management, publishing automation, audience engagement analysis, and performance optimization. The Service may include content recommendations, automated publishing, A/B testing, analytics and reporting, learning and optimization capabilities, and integration with Third-Party Services.
3.2 AI-Generated Content
The Service utilizes artificial intelligence and machine learning technologies, including third-party AI models, to generate, suggest, or optimize content. You acknowledge that: (a) Generated Content is produced algorithmically and may require human review before publication; (b) we do not guarantee the accuracy, completeness, originality, or appropriateness of Generated Content; (c) you are solely responsible for reviewing, approving, and publishing any Generated Content; and (d) similar or identical content may be generated for other clients using the same or similar inputs.
3.3 Service Modifications
We reserve the right to modify, update, or discontinue any feature or functionality of the Service at any time. We will provide reasonable advance notice of any material changes that significantly reduce the functionality of the Service during your Subscription Period. We are not liable for any modification, suspension, or discontinuation of any feature or functionality.
4. Subscription, Fees, and Payment
4.1 Subscription Plans
Access to the Service requires a paid subscription. Subscription plans, features, and pricing are described on our website or in a separate order form. We reserve the right to modify our pricing at any time, provided that any price increase will not take effect until the start of your next Subscription Period and we will provide at least thirty (30) days' advance written notice.
4.2 Payment Terms
All fees are due in advance and are non-refundable except as expressly set forth herein. You agree to provide a valid payment method and authorize us to charge your payment method for all fees incurred. If payment fails, we may suspend your access to the Service after providing five (5) business days' written notice and an opportunity to cure.
4.3 Auto-Renewal
Subscriptions automatically renew at the end of each Subscription Period for successive periods of the same duration, unless either party provides written notice of non-renewal at least thirty (30) days before the end of the then-current Subscription Period. Renewal pricing will be at the then-current rates unless otherwise agreed in writing.
4.4 Taxes
All fees are exclusive of taxes. You are responsible for all applicable taxes, levies, and duties (excluding taxes based on our net income) arising from your use of the Service. If we are required to collect or pay taxes on your behalf, those taxes will be invoiced to you.
5. Client Content and Data
5.1 Ownership of Client Content
You retain all right, title, and interest in and to your Client Content. These Terms do not grant us any ownership rights in your Client Content.
5.2 License to Client Content
You grant us a limited, non-exclusive, worldwide, royalty-free license to use, copy, store, transmit, display, modify, and create derivative works of your Client Content solely to the extent necessary to provide, maintain, and improve the Service. This license terminates when you delete your Client Content or terminate your account, except for copies retained in backups for a reasonable period (not to exceed ninety (90) days) or as required by law.
5.3 Ownership of Generated Content
Subject to the underlying Intellectual Property Rights of the AI models and technologies used to create Generated Content, and subject to our Intellectual Property Rights in the Service, you own the Generated Content created specifically for your account through the Service. You acknowledge that: (a) the underlying AI models and algorithms remain our property or the property of our licensors; (b) we may generate similar content for other clients; and (c) your ownership rights in Generated Content are subject to any applicable limitations under intellectual property law regarding AI-generated works.
5.4 Aggregated and Anonymized Data
We may collect, use, and disclose aggregated and anonymized data derived from your use of the Service for purposes including improving the Service, developing new features, conducting research, generating industry benchmarks, and training our machine learning models. Such aggregated and anonymized data will not identify you or any individual and is not considered Client Content or personal data.
5.5 Content Responsibility
You are solely responsible for your Client Content and any Generated Content that you approve and publish. You represent and warrant that: (a) you have all necessary rights and permissions to provide Client Content to us; (b) your Client Content does not violate any applicable law, regulation, or third-party right; (c) you will review all Generated Content before publication; and (d) you will not use the Service to create, distribute, or publish content that is unlawful, defamatory, fraudulent, misleading, or otherwise objectionable.
6. Intellectual Property
6.1 Our Intellectual Property
The Service, including all software, algorithms, machine learning models, user interfaces, designs, documentation, and any improvements or modifications thereto, are and shall remain the exclusive property of Glass Marketing and its licensors. These Terms grant you no rights in our Intellectual Property except the limited right to use the Service as described herein.
6.2 Feedback
If you provide us with any feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant us an unrestricted, irrevocable, perpetual, royalty-free license to use such Feedback for any purpose, including to improve the Service and to develop new products and services, without any obligation or compensation to you.
7. Third-Party Services and Integrations
7.1 Third-Party Integrations
The Service integrates with various Third-Party Services, including social media platforms (X/Twitter, LinkedIn, Facebook, Instagram), email service providers, and advertising platforms. Your use of Third-Party Services is governed by the respective terms and policies of those third parties. We are not responsible for the availability, accuracy, or practices of any Third-Party Service.
7.2 Authorization
When you connect a Third-Party Service to our platform through OAuth or other authentication mechanisms, you authorize us to access and interact with that Third-Party Service on your behalf to the extent necessary to provide the Service. You may revoke this authorization at any time through the Service or the Third-Party Service's settings.
7.3 Third-Party Terms
You are responsible for complying with the terms of service and acceptable use policies of all Third-Party Services you connect to our platform. We are not liable for any violations of Third-Party Service terms that result from your use of the Service, including any account suspensions or content removals by Third-Party Services.
8. Acceptable Use Policy
8.1 Prohibited Uses
You agree not to use the Service to:
- Violate any applicable local, state, national, or international law or regulation.
- Infringe upon or violate the Intellectual Property Rights or privacy rights of any third party.
- Transmit any material that is unlawful, defamatory, harassing, abusive, fraudulent, or obscene.
- Send unsolicited commercial communications (spam) or engage in any activity that violates applicable anti-spam laws, including the CAN-SPAM Act, GDPR, and CASL.
- Create, distribute, or publish false, misleading, or deceptive content.
- Impersonate any person or entity or misrepresent your affiliation with any person or entity.
- Interfere with or disrupt the integrity, security, or performance of the Service or any related systems.
- Attempt to gain unauthorized access to the Service, other accounts, or any related systems or networks.
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
- Use the Service to develop a competing product or service.
- Use automated means (bots, scrapers, crawlers) to access the Service except through our published APIs.
- Exceed applicable rate limits or usage quotas as defined in your subscription plan.
- Use the Service in any manner that could damage, disable, overburden, or impair the Service.
8.2 Enforcement
We reserve the right to investigate and take appropriate action against any violation of this Acceptable Use Policy, including without limitation suspending or terminating your access to the Service, removing Client Content, and reporting violations to law enforcement authorities.
9. Confidentiality
Each party agrees to: (a) hold the other party's Confidential Information in strict confidence; (b) not disclose Confidential Information to any third party except to employees, contractors, and agents who have a need to know and are bound by obligations of confidentiality no less restrictive than those herein; and (c) use Confidential Information only as necessary to fulfill its obligations or exercise its rights under these Terms. These confidentiality obligations do not apply to information that: (i) is or becomes publicly available through no fault of the receiving party; (ii) was rightfully known to the receiving party before disclosure; (iii) is rightfully received from a third party without restriction; or (iv) is independently developed without use of the disclosing party's Confidential Information. Either party may disclose Confidential Information to the extent required by law, provided that the disclosing party is given reasonable advance notice (to the extent permitted by law) and reasonable assistance in contesting or limiting the scope of such disclosure.
10. Service Level and Support
10.1 Availability
We will use commercially reasonable efforts to make the Service available with a monthly uptime percentage of at least 99.5%, measured on a calendar-month basis, excluding scheduled maintenance windows and force majeure events. We will provide reasonable advance notice of scheduled maintenance that is expected to result in material downtime.
10.2 Support
We will provide technical support for the Service via email during standard business hours (Monday through Friday, 9:00 AM to 6:00 PM Eastern Time, excluding federal holidays). Response times and support levels may vary based on your subscription plan.
11. Term and Termination
11.1 Term
These Terms are effective as of the date you first access or use the Service and continue until terminated in accordance with this Section.
11.2 Termination for Convenience
Either party may terminate these Terms by providing at least thirty (30) days' written notice before the end of the then-current Subscription Period. If you terminate during a Subscription Period, you remain responsible for all fees due through the end of that period; no prorated refunds will be issued.
11.3 Termination for Cause
Either party may terminate these Terms immediately upon written notice if the other party: (a) materially breaches these Terms and fails to cure such breach within fifteen (15) days after receiving written notice; (b) becomes insolvent, files for bankruptcy, or ceases to operate in the ordinary course of business; or (c) is found to have violated the Acceptable Use Policy in a manner that poses an immediate threat to the security, integrity, or availability of the Service.
11.4 Effects of Termination
Upon termination: (a) your right to access and use the Service will cease immediately; (b) we will make your Client Content available for export for a period of thirty (30) days following termination, after which we may delete it; (c) all outstanding fees become immediately due and payable; and (d) the following Sections survive termination: Definitions, Intellectual Property, Confidentiality, Limitation of Liability, Indemnification, Dispute Resolution, and General Provisions.
12. Warranties and Disclaimers
12.1 Limited Warranty
We warrant that: (a) the Service will perform materially in accordance with the Documentation during the Subscription Period; (b) we will provide the Service in a professional and workmanlike manner consistent with generally accepted industry standards; and (c) we have the authority to enter into these Terms and grant the rights contemplated herein.
12.2 Disclaimer
12.3 AI Disclaimer
13. Limitation of Liability
13.1 Exclusion of Consequential Damages
13.2 Cap on Liability
13.3 Exceptions
The limitations in this Section 13 do not apply to: (a) either party's indemnification obligations; (b) either party's breach of confidentiality obligations; (c) Client's breach of the Acceptable Use Policy; or (d) Client's payment obligations.
14. Indemnification
14.1 Client Indemnification
You agree to indemnify, defend, and hold harmless Glass Marketing, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your Client Content; (b) your use or misuse of the Service; (c) your violation of these Terms or any applicable law; (d) your violation of any Third-Party Service's terms; or (e) any Generated Content that you approve and publish.
14.2 Our Indemnification
We will indemnify, defend, and hold harmless Client from and against any third-party claim alleging that the Service (excluding Client Content and Third-Party Services) infringes such third party's Intellectual Property Rights, provided that Client: (a) promptly notifies us of the claim; (b) gives us sole control of the defense and settlement; and (c) provides reasonable cooperation at our expense.
15. Dispute Resolution
15.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws provisions.
15.2 Informal Resolution
Before initiating any formal dispute resolution proceeding, the parties agree to first attempt to resolve any dispute informally by contacting the other party and negotiating in good faith for a period of at least thirty (30) days.
15.3 Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms, including the breach, termination, or validity thereof, that is not resolved through informal negotiation shall be settled by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Delaware by a single arbitrator. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. Each party shall bear its own costs and attorneys' fees, unless the arbitrator determines otherwise.
15.4 Class Action Waiver
16. General Provisions
16.1 Entire Agreement. These Terms, together with any order forms or subscription agreements, constitute the entire agreement between the parties regarding the subject matter hereof and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral.
16.2 Amendments. We may update these Terms from time to time. We will notify you of material changes at least thirty (30) days before they take effect by posting a notice on our website or sending an email to your registered email address. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service before the changes take effect.
16.3 Assignment. You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, provided that the assignee agrees to be bound by these Terms.
16.4 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
16.5 Waiver. No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right. A waiver of any right or remedy under these Terms must be in writing and signed by the party granting the waiver.
16.6 Force Majeure. Neither party shall be liable for any failure or delay in performing its obligations under these Terms (except payment obligations) if such failure or delay results from circumstances beyond the party's reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, government actions, power failures, internet disruptions, or third-party service outages.
16.7 Independent Contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.
16.8 Notices. All notices under these Terms shall be in writing and shall be deemed given when delivered personally, sent by confirmed email, or sent by nationally recognized overnight courier to the addresses specified in the applicable order form. Notices to us should be sent to legal@glassmarketing.co.
16.9 Export Compliance. You shall comply with all applicable export and import control laws and regulations in your use of the Service. You shall not use the Service in any country subject to comprehensive U.S. sanctions or export the Service or any related technical data to any prohibited destination.
17. Contact Information
If you have any questions about these Terms, please contact us at:
Glass Marketing Co.
Email: legal@glassmarketing.co
Website: glassmarketing.co