Terms of Service Agreement

By accessing or using the B2B Genie AI-driven email marketing platform (“Platform”) available at www.b2bgenie.ai and app.b2bgenie.ai (or your equivalent app URL), you (“User”) agree to be bound by the following Terms of Service (“Agreement”). If you represent a company or any other legal entity, you affirm that you have the authority to bind that entity to this Agreement.

1. Introduction and Acceptance

Welcome to B2B Genie. This Agreement sets forth the rights, obligations, and responsibilities of both you and B2B Genie regarding use of our AI-driven platform designed for creating and sending personalized cold email marketing campaigns. By using our services, you confirm that you have read, understood, and agreed to every provision herein. If you do not agree to these terms, you must immediately cease use of the Platform.

2. Description of Service

B2B Genie provides an advanced, AI-driven platform that enables users to create, manage, and execute personalized cold email marketing campaigns.

Scope: The Platform facilitates the creation and sending of cold emails but does not provide marketing strategy, performance guarantees, or represent itself as a full-service marketing agency.
Components: Use of the Platform includes access to bundled products such as the AI Agent capabilities, B2B Database access, Email Verification, Email Sending infrastructure, and AI Task Credits (or equivalent terminology for B2B Genie). These products are offered together as a “Bundle” reflecting real business costs.

3. Account Registration and User Information

Accuracy and Updates: You agree to provide current, accurate, and complete information when registering for an account and to update such information promptly if changes occur.
Responsibility: You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activities that occur under your account.

4. Subscription, Billing, and Payment

Subscription Options: B2B Genie offers monthly, quarterly, and annual subscription plans. Details regarding fees, billing cycles, and usage credits are available on the Platform (specifically, on our Pricing Page).
Non-Refundable Policy: All subscription fees and payments are strictly non-refundable. Upon activation—confirmed by our system logs—services are deemed fully rendered, even if you do not use all available credits or if issues arise. Credits and usage limits reset at the end of each billing cycle with no rollover, unless explicitly stated otherwise in your plan.
Acceptance of Costs: By purchasing any subscription or bundle, you acknowledge and accept the real business costs associated with each component of the service.

5. Bundle Purchase and Optional Services

Bundle Acknowledgment: Your purchase of a Bundle includes the integrated products (e.g., AI Agent, B2B Database, Email Verification, Email Sending, and AI Task Credits). Each component incurs operational costs that are reflected in the Bundle price.
Done-For-You (DFY) Services: Users may choose to use our DFY option, wherein B2B Genie facilitates domain and mailbox configuration. Should you opt to use your own domains and mailboxes (configured via IMAP/SMTP or equivalent), you assume full responsibility for proper setup, maintenance, and any technical issues that may arise.

6. User Conduct and Acceptable Use

Lawful Use: You agree to use the Platform solely for lawful purposes and in compliance with all applicable laws and regulations, including but not limited to anti-spam laws (e.g., CAN-SPAM, CASL, GDPR).
Prohibited Conduct: You shall not use the Platform to create, distribute, or promote content that is unlawful, infringing, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable. You shall not use the platform to send unsolicited commercial emails in violation of applicable laws.
Compliance: You are responsible for all content generated and disseminated through your account and must ensure that your actions do not lead to regulatory or legal violations. This includes ensuring you have the necessary consents or legitimate interest basis for the contacts you engage via the Platform.

7. Content, Intellectual Property, and Feedback

Ownership: All content on the Platform—including AI-generated content templates or suggestions provided by B2B Genie—is the property of B2B Genie or its licensors. You are granted only a limited, non-exclusive license to use such content in accordance with this Agreement for the purpose of creating your campaigns. Content you create remains your property, subject to the terms herein.
Restrictions: You may not copy, modify, distribute, or otherwise use any B2B Genie Platform content (excluding your own generated campaign content) except as expressly permitted herein.
Feedback: Any feedback, suggestions, or ideas you provide regarding the Platform become the property of B2B Genie. You agree that such submissions are non-confidential and that B2B Genie is free to use and implement them without any compensation or acknowledgment to you.

8. Limitation of Liability and Disclaimers

As-Is Basis: The Platform is provided “as is” and “as available” without any warranties of any kind, whether express, implied, statutory, or otherwise—including without limitation any warranties of merchantability, fitness for a particular purpose, title, or non-infringement.
No Guarantees: B2B Genie does not warrant uninterrupted, error-free, or secure access to the Platform. Service uptime, technical stability, and performance (including email deliverability rates or campaign success) are not guaranteed.
Comprehensive Liability Disclaimer: TO THE MAXIMUM EXTENT PERMITTED BY LAW, B2B GENIE, INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND PARTNERS, SHALL NOT BE LIABLE FOR ANY:
- DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
- LOSS OF PROFITS, DATA, BUSINESS INTERRUPTION, OR ANY OTHER LOSSES ARISING OUT OF OR RELATED TO YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE PLATFORM;
- ANY CLAIMS ARISING FROM THE PERFORMANCE, MISUSE, OR INABILITY TO PERFORM THE SERVICES, EVEN IF B2B GENIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
No Liability for Third-Party Issues: B2B Genie is not liable for any issues or losses stemming from third-party integrations, data services you provide, or user-configured systems (e.g., your domains, mailboxes, or CRM integrations).

9. Marketing Partners and Third-Party Agencies Disclaimer

The Platform may, from time to time, provide recommendations, referrals, or introductions to third-party marketing partners, agencies, or service providers ("Marketing Partners"). You acknowledge and agree that:

Independent Engagement: Any engagement or contractual relationship you establish with a Marketing Partner is solely between you and that Marketing Partner. B2B Genie is not a party to, and shall have no responsibility or liability for, any interactions, agreements, or disputes arising from such engagements.
No Endorsement or Guarantee: Recommendations or referrals to Marketing Partners are provided for your convenience only and do not constitute an endorsement, guarantee, or assurance of any kind regarding the quality, reliability, performance, or results of the Marketing Partner’s services.
User Discretion: It is your sole responsibility and risk to evaluate and select the Marketing Partner with whom you choose to engage. B2B Genie does not warrant or guarantee that any Marketing Partner will achieve specific results or meet your expectations.
Limitation of Liability: B2B Genie shall not be liable for any claims, damages, losses, or liabilities (including, without limitation, indirect, consequential, or punitive damages) arising from or related to your dealings with any Marketing Partner, including any dissatisfaction or failure to obtain desired marketing outcomes.
No Responsibility for Results: You acknowledge that any marketing results, outcomes, or performance provided by a Marketing Partner are independent of the Platform’s functionalities. B2B Genie is not responsible for, nor does it guarantee, any marketing results achieved through such third-party services.

By proceeding with any engagement with a Marketing Partner, you agree to release, waive, and hold harmless B2B Genie, its affiliates, and its representatives from any and all claims, liabilities, or damages arising from your interactions or agreements with the Marketing Partner.

10. Indemnification

You agree to indemnify, defend, and hold harmless B2B Genie and its affiliates, officers, directors, employees, agents, and partners from and against any claims, damages, liabilities, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

Your use of the Platform;
Any violation of this Agreement or any applicable laws or regulations by you;
Any content you generate or disseminate through the Platform;
Any infringement or misappropriation of any intellectual property or other rights by your use or distribution of content through the Platform.

11. Privacy and Data Usage

Your use of the Platform is governed by our Privacy Policy, which is incorporated herein by reference. By using the Platform, you consent to our collection, use, and disclosure practices as described in that policy.

12. Termination and Suspension

Termination Rights: B2B Genie reserves the right to suspend or terminate your account and access to the Platform immediately and without notice if you breach any provision of this Agreement, or if your use of the Platform is deemed harmful or disruptive to B2B Genie or other users.
Surviving Obligations: Termination of your account does not relieve you of any outstanding financial obligations or liabilities incurred prior to termination. Sections related to Intellectual Property, Limitation of Liability, Indemnification, Dispute Resolution, and others that by their nature should survive, will survive termination.

13. Dispute Resolution and Governing Law

Binding Arbitration: Any disputes arising from or related to this Agreement or your use of the Platform shall be resolved through final and binding arbitration administered by [Specify Arbitration Body, e.g., the American Arbitration Association] in accordance with its [Specify Rules, e.g., Commercial Arbitration Rules], rather than in court, except that you may assert claims in small claims court if your claims qualify.
Governing Law: This Agreement is governed by, and shall be construed in accordance with, the laws of the State of Wyoming (or your chosen jurisdiction - CONSULT LEGAL ADVICE), without regard to its conflict of laws principles.
Waiver of Class Actions: You agree to resolve any claims exclusively on an individual basis and waive any right to participate in a class action, collective action, or representative action.

14. Changes to the Terms of Service

B2B Genie reserves the right to modify or update this Agreement at any time. We will notify you of significant changes by posting the new Agreement on the Platform or by other means. Continued use of the Platform after any such changes constitutes your acceptance of the new terms. It is your responsibility to review this Agreement periodically.

15. Miscellaneous

Entire Agreement: This Agreement, together with the Privacy Policy and any other specific terms provided for certain services or plans, constitutes the entire understanding between you and B2B Genie with respect to the use of the Platform and supersedes all prior communications, representations, or agreements.
Severability: If any provision of this Agreement is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
No Waiver: Failure by B2B Genie to enforce any provision of this Agreement shall not constitute a waiver of its right to later enforce that or any other provision.
Assignment: You may not assign or transfer this Agreement or your rights hereunder without B2B Genie's prior written consent. B2B Genie may assign or transfer this Agreement, in whole or in part, without notice or consent, and such assignment shall be binding upon you.
Notices: Any notices or other communications permitted or required hereunder, including those regarding modifications to this Agreement, will be in writing and given by B2B Genie (i) via email (to the address that you provide) or (ii) by posting to the Platform. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

16. User Acknowledgment

By using the B2B Genie Platform, you acknowledge and agree that:

You are purchasing a Bundle of services that involves real business costs for B2B Genie.
You fully understand the limitations and scope of the Platform as described herein.
The Platform is provided “as is” and “as available” with no guarantees of future performance, uptime, specific email deliverability rates, or the availability of additional features beyond what is currently offered or explicitly stated in your plan.
Technical support is provided according to the terms of your specific plan, and you assume responsibility for any issues arising from self-managed technical configurations (e.g., your own domains, mailboxes, or third-party integrations).
You accept full responsibility for any performance issues, technical downtime, bugs, or interruptions that may occur, understanding that B2B Genie will make commercially reasonable efforts to address such issues but provides no guarantee of immediate resolution or uninterrupted service.
You are solely responsible for complying with all applicable laws and regulations regarding your use of the Platform, including data privacy and anti-spam laws.

Your continued use of the Platform constitutes your acknowledgment of and agreement to these terms, including all disclaimers and limitations of liability.

BY USING B2B GENIE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.