Terms of Service

Effective Date: October 10, 2025

1. Acceptance of Terms

These Terms of Service ("TOS") constitute a legally binding agreement between **[Insert Your Legal Company Name Here]** (operating as "mAIstermind," "we," "us," or "our") and the client ("Client" or "You"). By submitting payment for the Paid Walk-Through or placing an order for asset generation, you agree to be bound by these TOS.

2. Description of Service (The Service vs. The Software)

mAIstermind provides a specialized **Hyper-Personalization Fulfillment Service**. We use our proprietary system (which utilizes third-party AI technology, including the client's source media) to generate, host, and provide delivery-ready digital assets (Personalized Videos, GIFs, and Landing Pages) based strictly on Client-provided data.

• **Service Scope:** Our service is limited to the **creation and delivery of assets** in a CSV format ready for the Client’s chosen email sequencing platform. We are not an Email Service Provider (ESP) or a Customer Relationship Management (CRM) tool.
• **No Software License Granted:** The Client is **not purchasing a license** to the underlying AI technology or fulfillment software. All proprietary fulfillment systems and workflows remain the exclusive property of mAIstermind.
• **Paid Walk-Through:** The initial fee for the Paid Walk-Through covers the required strategic consultation, custom template design, and setup fee before campaign assets are generated.

3. Client Responsibilities and Data Integrity

The Client is solely responsible for:

• Obtaining and maintaining **legal consent** for all data and media (including prospect data and spokesperson recordings) provided to mAIstermind, ensuring compliance with all applicable privacy laws (including GDPR and CCPA).
• Ensuring the base media (video/voice recordings) provided does not violate any third-party intellectual property rights.
• The **final deployment and deliverability** of the campaign assets using their chosen sequencing platform.
• The accuracy and formatting of all **prospect data** (CSVs, etc.) used for personalization.

4. Payments, Fees, and Refunds

Fees are based on prepaid **Volume Tiers** (1-100, 101-400, 401-1000) and **Quarterly Commitments**, as outlined on our pricing page. Due to the high, irrecoverable processing costs of AI fulfillment:

• **Prepayment:** All fees are prepaid and are required before asset generation begins.
• **Non-Refundable:** Once asset generation has commenced following the Paid Walk-Through, all fees are **non-refundable**. Fees cover the proprietary fulfillment service and AI processing costs.
• **Quarterly Commitments:** Clients on Quarterly Commitment tiers agree to the full term and price, regardless of monthly usage fluctuation.

5. Intellectual Property and Media Usage

The Client retains all intellectual property rights to the **Source Media** (their spokesperson's video/voice). The generated **Personalized Video Assets** (the specific videos created for prospects) are owned jointly by the Client and mAIstermind for the duration of the service agreement and hosting.

• mAIstermind reserves the right to retain copies of generated assets solely for technical maintenance, quality assurance, and legal compliance purposes.

6. Limitation of Liability and Guarantees

mAIstermind guarantees the delivery of the requested volume of personalized assets in the agreed-upon quality and format (CSV/Landing Page link). **We make no guarantee or warranty as to the results, conversion rates, deliverability, or reply rates of the Client's campaigns.** The Client acknowledges that results are dependent on their strategy, market, and sequencing platform quality.

Our liability to the Client shall be strictly limited to the fees paid by the Client to mAIstermind for the specific assets that were found to be defective.

7. Affiliate Program (Partnero)

Participation in our Affiliate Program is governed by a separate agreement with Partnero. Commissions are paid at a **50% recurring rate** on the net revenue generated by the referred client's volume purchases (quarterly or otherwise), as tracked and verified by Partnero.

8. Termination and Suspension

mAIstermind reserves the right to terminate or suspend services immediately if the Client breaches these TOS, including misuse of the service or failure to maintain accurate payment information. Upon termination, all active links to personalized assets will be disabled after a 30-day grace period.

9. Contact Us

For any questions regarding these Terms of Service, please contact us at: maistermindcom (at) gmail.com

mAIstermind