Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of Ziggy, an AI-powered marketing assistant platform (the "Service") operated by DemandKraft ("we," "us," or "our"). By creating an account, accessing, or using the Service, you agree to be bound by these Terms.

If you are using the Service on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms. You must be at least 18 years of age to use the Service.

2. Description of Service

Ziggy is an AI marketing assistant designed for local service businesses. The Service provides:

• AI-powered marketing conversations and advice tailored to your business
• Google Business Profile integration and optimization guidance
• Review monitoring and response drafting
• Website auditing and SEO analysis
• Content ideation and marketing strategy recommendations
• An optimization dashboard with scoring and action plans
• A website builder for creating simple business websites (Growth and Pro plans)

The Service uses artificial intelligence to generate responses, recommendations, and content. AI-generated outputs are tools to assist your decision-making, not substitutes for professional judgment.

3. Account Registration and Security

3.1 Account Creation

To use the Service, you must create an account by providing a valid email address and password (minimum 8 characters), or by signing in with Google. You agree to:

• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Promptly notify us of any unauthorized access to your account
• Accept responsibility for all activity that occurs under your account

3.2 Email Verification

You must verify your email address to access the full Service. Unverified accounts are limited to 3 messages within the first 60 minutes of account creation. Verification links expire after 24 hours.

3.3 Business Information

During onboarding, you provide business details including name, contact information, address, services, hours, and marketing context. You represent that you have the right to provide this information and that it is accurate.

4. Subscription and Billing

4.1 Free Trial

New accounts receive a 14-day free trial with access to most Service features. During the trial, usage is limited to 10 messages per day and other trial-tier limits. The trial does not require a payment method upfront.

4.2 Subscription Plans

After the trial, continued access requires a paid subscription. We offer three plans:

Plan	Monthly	Annual	Daily Messages
Starter	$99/month	$990/year	100
Growth	$199/month	$1,990/year	300
Pro	$299/month	$2,990/year	Unlimited

Feature availability and usage limits vary by plan. Current plan details and limits are available on the billing page within the Service. We reserve the right to modify plan pricing and features with 30 days' notice to existing subscribers.

4.3 Payment and Auto-Renewal

Subscriptions are billed in advance on a monthly or annual basis through Stripe, our payment processor. By subscribing, you authorize recurring charges at the start of each billing cycle. Subscriptions automatically renew at the end of each billing period unless canceled before the renewal date.

4.4 Payment Failure

If a payment fails, your account enters a 3-day grace period during which you retain full access. If payment is not resolved within the grace period, your account will be downgraded to inactive status and access to paid features will be suspended.

4.5 Cancellation

You may cancel your subscription at any time through the Stripe customer portal, accessible from the billing page within the Service. Upon cancellation:

• You retain access to paid features through the end of your current billing period
• No further charges will be incurred
• Your data remains in our system unless you request account deletion

4.6 Refunds

Subscription fees are non-refundable. You may cancel at any time and continue to use the Service through the end of your current billing period, but no partial refunds will be issued for unused time. If you believe you have been charged in error, contact us at support@ziggysays.com.

5. Acceptable Use Policy

5.1 Permitted Use

The Service is intended for legitimate business marketing purposes. You may use the Service to manage your business's online presence, respond to customer reviews, generate marketing content, and receive strategic marketing advice.

5.2 Prohibited Uses

You agree not to use the Service to:

• Generate, post, or distribute fake reviews or testimonials
• Engage in keyword stuffing, cloaking, or other black-hat SEO tactics
• Make false or misleading claims about your business or competitors
• Send spam or unsolicited commercial communications
• Violate any applicable law, regulation, or third-party terms of service
• Attempt to gain unauthorized access to the Service, other accounts, or connected systems
• Reverse-engineer, decompile, or attempt to extract the source code of the Service
• Use automated means (bots, scrapers) to access the Service beyond normal usage
• Generate content that is illegal, defamatory, threatening, or that infringes third-party rights
• Circumvent rate limits, usage caps, or other technical restrictions

5.3 Rate Limits and Fair Use

The Service enforces rate limits and daily message caps based on your subscription plan. These limits exist to ensure fair access for all users and to manage infrastructure costs. Attempting to circumvent these limits may result in account suspension.

6. User Content

6.1 Ownership

You retain ownership of all content you provide to or create through the Service, including business profile information, chat messages, website builder projects, and any other user-generated content ("User Content").

6.2 License to DemandKraft

By using the Service, you grant DemandKraft a limited, non-exclusive, worldwide license to use, store, process, and display your User Content solely for the purposes of:

• Providing and operating the Service (including AI processing and memory features)
• Improving the Service through aggregated, de-identified usage analysis
• Generating AI responses based on your business context

This license terminates when you delete your account, except as required for backup retention (up to 90 days) or legal obligations.

6.3 Content Responsibilities

You are solely responsible for your User Content and any actions you take based on the Service's AI-generated recommendations. You agree to review all AI-generated content before publishing or sharing it externally.

6.4 Website Builder Content

Websites created through the website builder are stored on our servers. You may export your website files at any time. If you generate a shareable preview link, the content will be publicly accessible via that link for 24 hours. You are responsible for the content of any websites you create.

7. Intellectual Property

7.1 DemandKraft's IP

The Service, including its software, design, branding ("Ziggy," "DemandKraft"), knowledge base, marketing playbooks, AI models and prompts, and all related intellectual property, are and remain the exclusive property of DemandKraft. Nothing in these Terms grants you any right to use our trademarks, logos, or branding.

7.2 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant DemandKraft a perpetual, irrevocable, royalty-free license to use and incorporate such feedback without obligation to you.

8. Third-Party Services

The Service integrates with third-party services to provide its functionality. By using these integrations, you acknowledge:

• Google Business Profile: Connecting your GBP account is optional and user-initiated. You authorize DemandKraft to read and, when you explicitly approve, write data to your Google Business Profile. You are responsible for complying with Google's Terms of Service.
• Stripe: Payment processing is handled by Stripe. Your use of Stripe is subject to Stripe's Terms of Service. DemandKraft does not store your payment card details.
• AI Providers: Conversation data is processed by Anthropic (Claude) and/or OpenAI for generating responses and embeddings. Your use is subject to their respective terms. See our Privacy Policy for details on data sharing.
• Email: Transactional emails are delivered via Resend. We do not send marketing emails.

DemandKraft is not responsible for the availability, accuracy, or conduct of any third-party service.

9. AI-Generated Content Disclaimer

The Service uses artificial intelligence to generate marketing advice, content, and recommendations. You acknowledge and agree that:

• AI-generated content may contain errors, inaccuracies, or outdated information
• The Service does not guarantee specific marketing outcomes, search rankings, or business results
• You are responsible for reviewing, verifying, and approving all AI-generated content before use
• The Service does not constitute professional advice (legal, financial, medical, or otherwise)
• If your business operates in a regulated industry (healthcare, legal, financial services), all AI-generated content must be reviewed by your compliance officer, attorney, or appropriate professional before publication
• Marketing data (reviews, metrics, performance) reflects the most recent data pull and may not be real-time

10. Privacy

Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, store, and share your information. By using the Service, you consent to the data practices described in the Privacy Policy.

11. Service Availability

• We strive to provide reliable access to the Service but do not guarantee uninterrupted or error-free operation.
• The Service may be temporarily unavailable for maintenance, updates, or due to circumstances beyond our control.
• We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with reasonable notice when practicable.
• We maintain regular backups of your data but do not guarantee against data loss. You are encouraged to export important data regularly.

12. Limitation of Liability

12.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OF AI-GENERATED CONTENT.

12.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEMANDKRAFT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12.3 Indemnification

You agree to indemnify and hold harmless DemandKraft, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising out of: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any third-party rights.

13. Termination

13.1 By You

You may stop using the Service and cancel your subscription at any time through the Stripe customer portal. To delete your account and all associated data, contact support@ziggysays.com.

13.2 By Us

We may suspend or terminate your access to the Service at any time, with or without notice, for conduct that we determine, in our sole discretion, violates these Terms, is harmful to other users or the Service, or for any other reason. In the event of termination for cause, you will not be entitled to a refund of any prepaid fees.

13.3 Effect of Termination

Upon termination: (a) your right to access the Service ceases immediately; (b) we may delete your data after a reasonable period (data may persist in encrypted backups for up to 90 days per our backup retention policy); (c) provisions that by their nature should survive termination will survive, including Sections 6.2, 7, 9, 12, and 14.

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of laws provisions.

14.2 Informal Resolution

Before initiating any formal dispute resolution, you agree to contact us at support@ziggysays.com and attempt to resolve the dispute informally for at least 30 days.

14.3 Arbitration

Any dispute not resolved informally shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Portland, Oregon. You agree to waive any right to a jury trial or to participate in a class action.

14.4 Small Claims Exception

Notwithstanding the above, either party may bring an individual action in small claims court in Clark County, Washington or Multnomah County, Oregon if the claim qualifies.

15. Support and Admin Access

To provide customer support and proactive service assistance, our authorized personnel may access your account data, including business profiles, conversations, and connected integrations. We may also send messages within your chat history to alert you to issues, provide guidance, or offer assistance — these messages are marked as sent by our team. Admin access is logged and tracked. We will only access your data to provide support, troubleshoot issues, improve your experience, or as otherwise described in our Privacy Policy.

16. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and DemandKraft regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
• Assignment: You may not assign your rights under these Terms without our written consent. We may assign our rights without restriction.
• Force Majeure: We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, pandemics, power failures, or internet disruptions.

17. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or by posting a prominent notice within the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date of revised Terms constitutes acceptance of the changes.

18. Contact Us

If you have questions about these Terms, contact us at:

• Email: support@ziggysays.com