Terms of Service

These Terms are a contract between HATS:OFF ("we", "us") and the business that uses our AI marketing service ("you", "your organization"). By creating an account, accepting an invitation, or using the Service, you agree to them. If you do not agree, do not use the Service.

Our Privacy Policy explains how we handle information and is part of this agreement.

You must be at least 18 years old to use the Service. If you are accepting these Terms on behalf of a company, you represent that you have the authority to bind it, and "you" means that company.

• Give us accurate account information and keep it current. Keep your password confidential, and tell us promptly at the address below if you believe your account has been accessed without permission.
• Your organization is a shared workspace. Anyone you invite can see and act on the content in it. You are responsible for who you invite, for what they do in the Service, and for removing access when someone leaves.
• You are responsible for everything published to your connected accounts through the Service, whether a person or an automation triggered it.

The Service drafts social media content, generates images, schedules posts, routes them for approval, and publishes them to the accounts you connect. Content is drafted by AI and published only after someone in your organization approves it, or according to the automations you configure.

We are actively developing the Service. We may add, change, or remove features. If we make a change that materially reduces core functionality, we will give you reasonable notice.

The Service is currently provided at no charge. We may introduce paid plans or usage limits in the future. If we do, we will give you notice before any charge applies to your account, and you may stop using the Service instead of paying.

You keep ownership of everything you upload — your brand assets, photos, copy, and data — and of the content generated for your organization, to the extent such content can be owned. As between you and us, it is yours.

You grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, modify, and transmit that content solely to operate and support the Service for you. That includes sending it to the AI providers and the social platforms described in our Privacy Policy. The license ends when you delete the content or your account, except for copies retained in backups until they age out.

You represent that you have the rights to everything you upload, and that its use in the Service does not infringe anyone's intellectual property, privacy, or publicity rights.

The Service produces content automatically. That has consequences you need to understand and accept:

• Output can be wrong. It may state facts that are inaccurate, describe services you do not offer, quote prices you do not charge, or make claims you cannot substantiate.
• Output is not unique. The same or similar content may be generated for other users, and it may resemble existing material.
• Ownership of AI-generated material is unsettled in many jurisdictions, and purely machine-generated output may not be protectable by copyright. We make no promise that you can exclude others from using similar content.
• You are the publisher. Review every post before it goes out. You are responsible for its accuracy, for any claims it makes about your business, and for compliance with advertising, consumer-protection, and industry rules that apply to you — including disclosure requirements for endorsements, pricing, and licensing.

This section matters more than any other in these Terms. The Service places real people's faces into generated marketing images.

Before you upload a photo of any person, you represent and warrant that:

• You have that person's informed, written consent to upload their photo, to have their face and likeness used to generate marketing images, and to publish those images on your social accounts.
• That consent covers the processing described in our Privacy Policy, including transmission to third-party AI providers.
• You obtained that consent in the form required by the laws that apply to you. Several states — Illinois, Texas, and Washington among them — regulate biometric and likeness data specifically and carry significant penalties for getting this wrong.
• The person is an adult. Do not upload photos of children.
• If a person withdraws consent, you will promptly delete their photo and the images generated from it, and stop publishing them.

We do not verify consent and cannot do so. Getting it, documenting it, and honoring its withdrawal is entirely your responsibility, and claims arising from a failure to do so are covered by your indemnity in section 13.

Do not use the Service to:

• Break the law, or publish content that is defamatory, harassing, hateful, deceptive, or obscene.
• Impersonate any person or business, or misrepresent your affiliation with one.
• Generate images of a person without their consent, or sexual, misleading, or defamatory depictions of anyone.
• Post content you do not have the rights to, or infringe anyone's intellectual property.
• Send spam or bulk unsolicited messages, or violate the rules of any connected platform.
• Probe, scrape, reverse engineer, overload, or interfere with the Service or its security, or resell access to it.

We may remove content or suspend an account that we reasonably believe violates this section, and we will tell you why when we can.

Connecting Facebook, Instagram, LinkedIn, Slack, Google, or Dropbox means you also agree to that platform's terms and policies, and you are responsible for complying with them. Publishing through us does not change what those platforms allow.

We do not control those platforms. They can change their APIs, rate-limit us, reject a post, restrict a feature, or suspend or delete your account, at any time and for their own reasons. We are not responsible for those decisions or for content that fails to publish because of them.

We aim to keep the Service running, but we do not commit to any uptime level. It may be unavailable for maintenance, or because a provider we depend on is having problems. Scheduled posts may fail or publish late. Keep your own copies of anything you cannot afford to lose.

The Service is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted or error-free, that generated content will be accurate, original, or effective, or that any particular business result will follow from using it.

To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility. Our total liability arising out of or relating to the Service will not exceed the greater of one hundred US dollars ($100) or the amounts you paid us in the twelve months before the event giving rise to the claim.

Some jurisdictions do not allow these limitations, in which case they apply to the maximum extent permitted.

You will indemnify and defend us against claims, damages, and reasonable legal costs arising from your content, your use of the Service, your violation of these Terms or of a connected platform's rules, or a claim by any person whose photo or likeness you uploaded.

You may stop using the Service and request deletion of your account at any time — see our deletion instructions. We may suspend or terminate your access if you materially breach these Terms, if your use creates legal risk or harms other users, or if we discontinue the Service. On termination your right to use the Service ends and your content is deleted on the schedule in the Privacy Policy. Sections 6, 7, 8, and 12 through 16 survive.

We may update these Terms. We will revise the "last updated" date above, and for material changes we will notify account owners by email or in the app before they take effect. Continuing to use the Service after that means you accept the updated Terms.

These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-laws rules. Any dispute will be brought exclusively in the state or federal courts located in the State of Utah, and both parties consent to that jurisdiction and venue.

Before filing anything, email us and give us 30 days to try to resolve it. Most problems are faster to fix that way.

These Terms and the Privacy Policy are the entire agreement between us about the Service. If a provision is held unenforceable, the rest stays in effect. Our not enforcing a provision is not a waiver of it. You may not assign this agreement without our consent; we may assign it in connection with a merger, acquisition, or sale of assets. Nothing here creates a partnership, agency, or employment relationship, and there are no third-party beneficiaries.

Questions about these Terms: jaxon@therecruitingschool.io.