Terms of Use

Effective Date: June 1, 2025

These Terms of Use form a binding agreement between you and IdaWeb Marketing LLC. By accessing or using our websites, applications, products, or services, including interactions with our AI assistant IDA through web, chat, voice, or text, you accept these Terms and our Privacy Policy. If you do not agree, you must not use the Services.

1. Agreement to Terms

These Terms of Use form a binding agreement between you and IdaWeb Marketing LLC. You accept these Terms and our Privacy Policy by accessing or using any Service. If you do not agree, you must not use the Services.

2. Eligibility

The Services are intended for individuals eighteen years of age or older. By using the Services, you represent and warrant that you are at least eighteen.

3. Definitions

“Services” means all websites, software, content, features, and support we provide, including IDA and any hosted content. “User Content” means information, data, text, files, media, and other content submitted or made available by you through the Services. “Order” means any ordering document, online checkout, or statement of work describing paid offerings.

4. Services and Scope

We provide digital marketing and related solutions, which may include smart websites, hosting, AI powered assistants, content and campaign tools, CRM connections, calendars, e commerce, SEO and AEO, social integrations, and scheduling. We may add, change, or discontinue features, provided that material changes to paid features will be communicated in advance when feasible.

5. Account Registration and Security

You must provide accurate, current, and complete information for any account and keep credentials confidential. You are responsible for all activity under your credentials and must notify us promptly of any suspected unauthorized use. We may require multi factor authentication and may suspend access to protect the Services.

6. License and Access

Subject to these Terms and payment of applicable fees, we grant you a limited, revocable, non exclusive, non transferable right to access and use the Services for your internal business purposes. Except as allowed by law, you must not copy, modify, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to extract source code of the Services.

7. Acceptable Use

You will not: violate any law, regulation, or third party right; upload or transmit malware, spam, or harmful code; interfere with or disrupt the Services or related systems; access data or systems without authorization; use the Services to create or distribute content that is illegal, infringing, or deceptive; or attempt rate limiting evasion, scraping at a volume that degrades service, or performance testing without written consent.

8. User Content and Feedback

You retain ownership of User Content. You grant us a worldwide, royalty free license to host, copy, process, transmit, display, and perform User Content as necessary to provide and improve the Services. If you submit feedback or suggestions, we may use them without restriction or obligation. You represent that you have all rights necessary for your submissions and that your submissions are lawful and accurate.

9. AI Assistant Disclosures

When you interact with IDA, we process conversation content and related metadata to answer questions, route requests, schedule, and improve quality, subject to our Privacy Policy. We may use human review on a limited basis to resolve issues and improve performance. IDA should not be relied upon for legal, medical, or financial advice. You are responsible for reviewing AI generated outputs before use.

10. Third Party Services and Linked Sites

The Services may include or interoperate with third party products, content, and websites. We do not control and are not responsible for third party terms, policies, or actions. Your use of third party tools is governed by their terms.

11. Payment, Billing, Taxes, and Renewal

You agree to pay all fees and applicable taxes for paid offerings in accordance with each Order. Fees are non refundable except as expressly stated. Unless otherwise stated, subscriptions renew for successive terms at the then current rate unless either party gives notice of non renewal before the end of the current term. You authorize us or our processor to charge the payment method on file for recurring fees.

12. Trials and Beta Features

We may offer trials or beta features at no charge. Trials and betas are provided as is, may be modified or discontinued at any time, and are excluded from service level commitments and indemnities.

13. Intellectual Property

All rights in the Services and content are owned by IdaWeb Marketing LLC or our licensors. No rights are granted except as expressly stated. You may not remove proprietary notices, trademarks, or attribution.

14. Publicity

With your prior consent, we may identify your business name and marks in client lists and brief case studies. You may revoke consent by written notice for future materials.

15. Privacy, Data Use, and Communications

Our collection and use of personal information are described in our Privacy Policy and the United States State Privacy Supplements, which are incorporated by reference. By providing a phone number, you consent to receive messages related to service delivery, account, or support. You may opt out of promotional messages as described in the Privacy Policy.

16. Security

We implement reasonable administrative, technical, and physical safeguards designed to protect the Services and data. No service can be guaranteed secure, and you use the Services at your own risk.

17. Service Availability and Support

The Services are provided on a commercially reasonable efforts basis. We may perform maintenance, updates, or emergency changes. We will use reasonable efforts to minimize disruption and, when feasible, provide notice.

18. DMCA and IP Claims

If you believe content on the Services infringes your copyright, send a notice that meets the Digital Millennium Copyright Act requirements to our designated agent. On receipt of a compliant notice, we may remove or restrict access to the content and may terminate repeat infringers.

19. Export Control and Sanctions

You represent that you are not subject to any government sanctions and that you will not export or re export the Services in violation of United States export laws and regulations.

20. Compliance with Laws

You will comply with all applicable laws, including privacy, anti spam, and consumer protection laws when using the Services, and you will obtain any required consents from your end users.

21. Disclaimer of Warranties

THE SERVICES ARE PROVIDED AS IS AND AS AVAILABLE WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT.

22. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER IDAWEB MARKETING LLC NOR ITS SUPPLIERS WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, LOST REVENUES, OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO US FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS PRECEDING THE EVENT.

23. Indemnification

You will defend, indemnify, and hold harmless IdaWeb Marketing LLC and its affiliates, officers, employees, and agents from and against claims, losses, liabilities, damages, costs, and expenses, including reasonable legal fees, arising from or related to your User Content, your use of the Services in violation of these Terms, or your violation of law or third party rights.

24. Term, Suspension, and Termination

We may suspend or terminate access to the Services immediately if you breach these Terms, if we are investigating suspected misconduct, or to protect the Services or users. You may terminate by closing your account and ceasing use. Sections intended to survive termination will continue in effect.

25. Changes to These Terms

We may modify these Terms by posting an updated version with a revised effective date. Material changes will be notified through the Services or by email when feasible. Continued use after the effective date constitutes acceptance.

26. Informal Resolution; Time Limit to Bring Claims

Before filing any claim, the parties will attempt in good faith to resolve the dispute through a 30 day informal process. To start, the complaining party must send a written Notice of Dispute to the other party identifying the claimant, the claim, and the requested relief. Unless prohibited by law, any claim must be brought within one year of when it arose, or it is permanently barred.

27. Agreement to Arbitrate; Class Action Waiver (Optional Program)

a. Federal Arbitration Act. This Section is governed by the Federal Arbitration Act and evidences a transaction in interstate commerce.
b. Binding Arbitration. Except for the limited exceptions below, any dispute, claim, or controversy arising out of or relating to the Services or these Terms will be resolved by binding, individual arbitration administered by AAA under its Consumer Arbitration Rules (or, if you are a business, the Commercial Arbitration Rules) then in effect.
c. Venue and Procedure. Hearings may be conducted by videoconference or, if an in person hearing is requested, in Salt Lake County, Utah, unless the arbitrator requires otherwise by law. Filing, administration, and arbitrator fees will be governed by the applicable AAA Rules.
d. Arbitrator Authority. The arbitrator has the exclusive authority to resolve all issues of arbitrability, including scope, enforceability, formation, and compliance with conditions precedent, consistent with the FAA. The arbitrator may award individual relief available in court. Injunctive relief may be awarded only to the extent necessary to provide relief to the individual party.
e. Class or Representative Waiver. Class, collective, consolidated, and representative actions are not permitted. The parties may bring claims only in their individual capacities, and not as a plaintiff or class member in any purported class or representative proceeding.
f. Small Claims and IP Carve Outs. Either party may bring an individual claim in small claims court or seek temporary or preliminary injunctive relief in court to protect intellectual property or prevent unauthorized access, use, or disclosure of data.
g. Mass Arbitration Administration. If 25 or more substantially similar arbitration demands are filed by or with the same counsel within 90 days, the parties agree to batch common threshold issues for resolution by a single arbitrator and to stay remaining filings pending that decision, with mediation in good faith before proceeding further.
h. Costs and Fees. The arbitrator may award costs or fees only as permitted by applicable law or AAA Rules.
i. Opt Out. You may opt out of arbitration by emailing [email protected] within 30 days of first accepting these Terms with subject line Arbitration Opt Out and your name, account email, and a statement that you decline arbitration. Opt out does not affect other terms.
j. Severability. If the class waiver is found unenforceable as to a particular claim, that claim must proceed in court; the remainder of this Section remains in effect.
k. Survival. This Section survives termination of the Services and these Terms.

28. Governing Law; Venue (Non Arbitrated Claims)

These Terms are governed by Utah law, except that the FAA governs interpretation and enforcement of Section 27. For claims not subject to arbitration or that proceed in court under Section 27 j, the exclusive venue is the state and federal courts in Salt Lake County, Utah, and the parties waive jury trial to the fullest extent permitted by law.

29. Privacy Policy and State Supplements; Order of Precedence

a. Incorporation by Reference. Our Privacy Policy and the United States State Privacy Supplements form part of these Terms and are incorporated by reference.

b. Conflicts. If there is a conflict: a signed Order or Statement of Work controls; then these Terms; then any Service specific terms; then the Privacy Policy; and then the State Privacy Supplements. State Supplements apply only to the extent required by the resident’s state law.

c. Changes. Updates to the Privacy Policy and State Supplements will be posted with a revised effective date and will apply prospectively as stated therein.

30. Notices

We may provide notices by posting to the Services or by email to the address associated with your account. Legal notices to us must be sent to [email protected] or to our mailing address listed in the Privacy Policy.

31. Assignment; Force Majeure; Severability; Entire Agreement

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets. We are not liable for delay or failure to perform due to events beyond our reasonable control. If any provision is found unenforceable, it will be modified to the minimum extent necessary and the remainder will remain in effect. These Terms, incorporated policies, and any Orders constitute the entire agreement.