Terms of Service
Last Updated: October 27, 2025
Introduction & Acceptance of Terms
Welcome to GenConvert ("Service," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our AI-powered popup generator service, including any related applications, websites, and services (collectively, the "Service").
By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms.
Please read these terms carefully before using our service. If you do not agree to all of these terms, do not access or use our service.
We reserve the right to update and change these Terms from time to time without notice. Any new features that augment or enhance the current Service shall be subject to these Terms.
Definitions
For the purposes of these Terms of Service, the following definitions apply:
"Service"
Refers to the AI-powered popup generator platform, including all features, functionality, websites, and applications provided by GenConvert.
"User", "You", "Your"
Refers to the individual, company, or legal entity that registers for and uses the Service, including their employees, agents, and representatives.
"Merchant"
Refers to a User who operates an e-commerce business and uses the Service to generate popups for their online store.
"Subscription"
Refers to the paid access plan selected by the User, which may be Basic, Pro, or Enterprise tier, providing specific features and usage limits.
"Popup Generation"
Refers to a single instance of AI-generated popup content created through our Service, counted toward your subscription limits.
"Content"
Includes all text, graphics, images, music, software, audio, video, information, and other materials made available through the Service, including AI-generated popup messages.
"User Data"
Refers to all data, including brand guidelines, product information, discount rules, and visitor behavior data, that Users provide or that is collected through their use of the Service.
"Website"
Refers to the individual e-commerce site or online store where the User deploys popups generated by our Service. Each Website requires a separate Subscription.
Account Registration & Eligibility
3.1 Eligibility Requirements
To use our Service, you must:
- Be at least 18 years of age
- Have the legal capacity to enter into binding contracts
- Provide accurate and complete registration information
- Maintain the security of your account credentials
- Comply with all applicable laws and regulations
3.2 Account Registration
You can register for an account using Google authentication. You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Promptly notifying us of any unauthorized use or security breach
- Ensuring that you log out of your account at the end of each session
3.3 Multiple Website Subscriptions
Each subscription is tied to a single website. Users may maintain multiple subscriptions for different websites under one account. Each website subscription is managed and billed separately.
3.4 Account Security
You are solely responsible for safeguarding your account password and for any activities or actions under your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above security obligations.
3.5 Accuracy of Information
You agree to provide current, complete, and accurate information during the registration process and to update such information to keep it current, complete, and accurate. We reserve the right to suspend or terminate your account if any information provided during registration or thereafter proves to be inaccurate, false, or misleading.
Important: You may not use the Service for any illegal or unauthorized purpose. You may not use the Service in violation of any laws in your jurisdiction, including copyright laws.
Subscription Plans, Pricing, and Billing
4.1 Subscription Tiers
We offer the following subscription plans:
Basic
- X,XXX Popup Generations
- Basic AI Features
Pro
- X,XXX Popup Generations
- Advanced AI Features
Enterprise
- Unlimited Generations
- All Premium Features
4.2 Billing Cycle
Subscription fees are billed either monthly or annually, at your choice. Your subscription will automatically renew at the end of each billing period unless you cancel your subscription.
4.3 Payment Methods
We accept major credit cards and process payments through our third-party payment processor. By providing a payment method, you represent that you are authorized to use the payment method and authorize us to charge all subscription fees to that payment method.
4.4 Price Changes
We reserve the right to change subscription fees at any time. Price changes will be communicated through our payment service provider and will take effect at the start of the next billing cycle following the notice.
4.5 Multiple Website Subscriptions
Each website requires a separate subscription. You may manage multiple website subscriptions under a single account, and each subscription is billed independently based on its selected plan and billing cycle.
Note: Subscription fees are non-refundable except as required by applicable law. No refunds are provided for partial months of service.
Free Trial
5.1 Trial Period Offer
We offer new users a 7-day free trial to evaluate our Service. During this trial period, you will have access to:
1,000 Free Popup Generations
Full access to AI generation capabilities
This allows you to fully test the Service's features and capabilities before committing to a paid subscription.
5.2 No Payment Required
You are not required to provide payment information to start your free trial. This allows you to explore the Service without any financial commitment during the trial period.
5.3 Trial to Paid Subscription
At the end of the 7-day trial period, your access to the Service will be suspended unless you upgrade to a paid subscription. To continue using the Service, you must select and pay for one of our subscription plans.
5.4 Trial Usage Limits
The free trial includes a limit of 1,000 popup generations. If you reach this limit before the 7-day period ends, your trial access may be suspended, and you will need to upgrade to a paid plan to continue generating popups.
5.5 One Trial Per User
We limit free trials to one per user. Attempts to create multiple accounts to receive additional free trials may result in termination of all associated accounts.
5.6 Modifications to Trial Terms
We reserve the right to modify or discontinue the free trial offer at any time without prior notice. We may also limit the free trial to certain users or regions at our sole discretion.
Important Trial Information
Your free trial provides full access to our AI-powered popup generation features. No credit card required to start. At the end of 7 days or when you reach 1,000 generations, your trial will end and you'll need to upgrade to continue using the service.
No Refunds: As we provide a comprehensive free trial, we do not offer refunds for paid subscriptions. The trial period is designed to give you ample opportunity to evaluate whether our Service meets your needs.
Cancellation and Refund Policy
6.1 Subscription Cancellation
You may cancel your subscription at any time through your user dashboard. Cancellation is effective immediately for free trials and at the end of the current billing period for paid subscriptions.
How to Cancel
Navigate to your dashboard → Select the website subscription → Click "Cancel Subscription". Each website subscription must be cancelled individually.
6.2 Multiple Website Subscriptions
Each website operates on a separate subscription. Cancelling one website subscription does not affect other active website subscriptions under your account. You must cancel each subscription individually.
6.3 Access After Cancellation
After cancelling a paid subscription, you will retain access to the Service until the end of your current billing period. No prorated refunds will be provided for partial months of service.
6.4 Auto-Renewal
Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. It is your responsibility to cancel your subscription if you do not wish to renew.
6.5 Refund Policy
All subscription fees are non-refundable, except as required by applicable law. We do not provide refunds or credits for:
6.6 Free Trial Consideration
We provide a 7-day free trial with 1,000 popup generations to allow comprehensive evaluation of our Service. This trial period is designed to give you ample opportunity to determine if the Service meets your needs before any financial commitment.
6.7 Service Termination by Us
We reserve the right to suspend or terminate your subscription for violations of these Terms, including but not limited to: non-payment, abusive behavior, reselling the service, or prohibited use of the AI features.
6.8 Data After Cancellation
Upon cancellation or termination, your data will be handled in accordance with our Data Retention policies. You are responsible for exporting any data you wish to keep before cancelling your subscription.
Cancellation Reminder
Cancelling your subscription stops future charges but does not generate refunds for current billing periods. You maintain access until the end of your paid term. Each website subscription must be managed separately.
No Refunds Policy: Due to the digital nature of our Service and the comprehensive free trial offered, all payments are final. We do not provide refunds for any subscription fees paid.
User Responsibilities and Acceptable Use
7.1 General User Responsibilities
As a user of our Service, you are responsible for:
Account Security
Maintaining the confidentiality of your account credentials and all activities under your account.
Content Review
Reviewing, editing, and approving all AI-generated content before publishing on your website.
7.2 Acceptable Use
You agree to use the Service in compliance with all applicable laws and regulations. Your use of the Service must not:
Infringe upon intellectual property rights, promote illegal activities, or violate any applicable local, state, national, or international law.
Generate or promote hate speech, violence, discrimination, harassment, or content that incites harm against individuals or groups.
Generate misleading, deceptive, or fraudulent popups that misrepresent offers, products, or services.
7.3 AI-Generated Content Responsibility
You are solely responsible for all content generated through your use of the Service, including:
- Reviewing and approving all AI-generated popup content before deployment
- Using the provided tools (prompt customization, word blacklists, tone settings) to guide AI output
- Ensuring generated content complies with your local laws and business practices
- Monitoring and removing any inappropriate content that may be generated
7.4 Prohibited Activities
You may not use the Service to:
7.5 Legal Compliance
You are responsible for ensuring your use of the Service complies with all applicable laws, including but not limited to:
- Privacy laws (GDPR, CCPA, etc.) regarding data collection from your website visitors
- E-commerce regulations and consumer protection laws
- Email marketing laws (CAN-SPAM Act) when collecting newsletter signups
- Advertising standards and truth-in-advertising laws
7.6 Enforcement
We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these Terms, including without limitation, removing offending content, suspending or terminating the account of such violators, and reporting you to law enforcement authorities.
Content Responsibility Notice
While we provide AI content generation tools, you remain solely responsible for all popup content displayed on your website. Use the provided moderation features (blacklists, tone settings) to guide AI output and always review generated content before publishing.
Intellectual Property Rights
8.1 Service Ownership
We own and retain all rights, title, and interest in and to the Service, including:
All underlying technology and platform code
Designs, layouts, and visual elements
Proprietary AI technology and processes
All guides, manuals, and technical docs
8.2 User Content
You retain ownership of the content you provide to the Service, including:
- Brand guidelines, logos, and visual assets
- Product information, descriptions, and metadata
- Discount rules and promotional offers
- Website content and business information
By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, process, and display your content solely for the purpose of providing and improving the Service.
8.3 AI-Generated Content Ownership
The AI-generated popup content created through our Service is owned by us. However, we grant you:
Limited Usage License
A non-exclusive, worldwide, royalty-free license to use the generated popup content on your website(s) for the duration of your active subscription.
This license is limited to deployment on the specific website(s) associated with your active subscription and terminates when your subscription ends.
8.4 License Restrictions
Your license to use AI-generated content does not include the right to:
8.5 Trademarks
All trademarks, service marks, logos, and brand names used in connection with the Service are our property or the property of their respective owners. You may not use any of these marks without our prior written permission or the permission of the respective owners.
8.6 Copyright Complaints
We respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us with details of the alleged infringement.
Ownership Summary
You own your input data. We own the Service and AI-generated outputs. You receive a license to use generated popups on your website while your subscription is active. This license does not transfer ownership of the underlying AI technology or generated content.
Data Privacy and Security
9.1 Data We Collect
To provide and improve our Service, we collect the following types of data:
From Merchants
- Brand guidelines & tone preferences
- Product information & metadata
- Discount rules & promotional offers
- Account information & preferences
From Website Visitors
- User behavior (time on site, pages viewed)
- Cart activity & browsing patterns
- Browser fingerprint & device information
- Popup interaction data
9.2 How We Use Data
We use the collected data to:
- Generate context-aware, relevant popup messages using AI
- Personalize popup timing and triggers based on user behavior
- Improve our AI models and service functionality
- Provide customer support and troubleshoot issues
- Ensure service security and prevent abuse
9.3 Data Sharing with Third Parties
We share data with the following third-party services to operate our Service:
AI/LLM Providers
We share product data, brand guidelines, and prompts with third-party AI providers (OpenAI, Anthropic, etc.) to generate popup content. This data may be used for model training purposes.
Analytics Services
We use PostHog for service analytics and performance monitoring to improve user experience and service reliability.
Infrastructure Providers
We use Hetzner Online for hosting and Cloudflare for CDN and security services. All data is processed through these infrastructure providers.
9.4 Data Retention
We retain data for the following periods:
Merchant Data
Stored until account deletion. You may request deletion of your data by cancelling your account.
Visitor Data
Automatically deleted after 30 days. Browser fingerprints and behavior data are anonymized after this period.
9.5 Data Security
We implement appropriate technical and organizational measures to protect your data, including:
- Encryption of data in transit and at rest
- Regular security assessments and monitoring
- Access controls and authentication mechanisms
- Secure infrastructure with reputable providers
9.6 Your Privacy Responsibilities
As a merchant using our Service, you are responsible for:
- Complying with privacy laws (GDPR, CCPA, etc.) for data collected from your visitors
- Providing appropriate privacy notices to your website visitors
- Obtaining necessary consents for data collection where required by law
Privacy Notice
We do not currently offer a Data Processing Addendum (DPA). Merchants subject to GDPR or similar regulations should ensure their use of our Service complies with their legal obligations. We process data globally through our infrastructure and AI providers.
AI-Generated Content
10.1 Nature of AI-Generated Content
Our Service uses artificial intelligence to generate popup content. You understand and acknowledge that:
AI generates novel content based on patterns
AI may produce inaccurate or unexpected results
Output quality depends on input data and prompts
You can guide output with prompts and settings
10.2 Your Responsibility for AI Content
You are solely responsible for all AI-generated content used on your website. This includes:
Review and Approval
You must review, edit, and approve all AI-generated popup content before publishing it on your website. Do not publish un-reviewed AI content.
Content Moderation
Use the provided moderation tools including word blacklists, tone settings, and prompt customization to guide AI output and prevent inappropriate content.
Legal Compliance
Ensure all published content complies with applicable laws, advertising standards, and your own business policies, regardless of its AI origin.
10.3 AI Limitations and Disclaimers
You acknowledge that AI technology has inherent limitations:
AI may generate factually incorrect, misleading, or outdated information in popup content.
AI may occasionally produce offensive, biased, or inappropriate content despite safeguards.
Generated content may not always align with your brand voice, values, or guidelines.
10.4 No Liability for AI Content
We are not responsible or liable for any AI-generated content, including:
- Financial losses resulting from inaccurate or ineffective popup content
- Legal violations or compliance issues with published AI content
- Reputational damage from inappropriate or off-brand AI content
- Customer complaints or disputes arising from AI-generated messages
You assume all risks associated with using AI-generated content on your website.
10.5 Content Moderation Tools
We provide several tools to help you manage AI content generation:
Word Blacklists
Prevent specific words or phrases from appearing in generated content.
Tone Settings
Guide AI to generate content in your preferred brand voice and style.
Custom Prompts
Provide specific instructions to steer AI output in desired directions.
Content Review
Review and edit all generated content before publishing.
Critical AI Responsibility Notice
You are solely responsible for all content displayed on your website, regardless of whether it was AI-generated. Always review and approve AI content before publishing. Use the provided moderation tools to guide AI output and prevent inappropriate content. We are not liable for any consequences of published AI-generated content.
Third-Party Services and Integrations
11.1 Third-Party Services We Use
Our Service relies on the following third-party services to operate effectively:
AI/LLM Providers
OpenAI, Anthropic, Llama
Power our popup generation and content creation features.
Analytics
PostHog
Monitor service performance and user experience.
Infrastructure
Hetzner, Cloudflare
Hosting, CDN, and security services.
Payment Processing
Polar
Handle subscription billing and payments.
11.2 Data Sharing with Third Parties
When you use our Service, your data may be processed by these third-party services:
AI/LLM Providers
We share product data, brand guidelines, and prompts with AI providers to generate popup content. This data may be used for model training and improvement purposes according to the AI providers' terms.
Analytics Services
We share usage data and performance metrics with PostHog to analyze service performance, identify issues, and improve user experience.
Infrastructure Providers
All data processed by our Service flows through Hetzner Online (hosting) and Cloudflare (CDN and security). These providers have access to data as necessary to provide their services.
11.3 Third-Party Terms and Policies
Your use of our Service is subject to the terms and policies of these third-party services. By using our Service, you acknowledge that:
- You are bound by the terms of service and privacy policies of all third-party services we use
- We are not responsible for the practices, policies, or service interruptions of these third parties
- Third-party services may change their terms, pricing, or availability without notice to us
- Data processing by these third parties is subject to their respective privacy policies
11.4 Service Dependencies and Limitations
Our Service's functionality depends on the availability and performance of these third-party services:
Any downtime or issues with third-party services may affect our Service's availability and functionality.
Third-party services may change their APIs or features, which could temporarily affect our Service until we implement necessary updates.
Price changes from third-party providers may necessitate adjustments to our subscription pricing.
11.5 No Control Over Third Parties
We do not control and are not responsible for:
- The privacy practices, data handling, or security measures of third-party services
- Service outages, downtime, or performance issues of third-party providers
- Changes to third-party terms, pricing, or service offerings
- The quality, accuracy, or reliability of third-party services
11.6 Your Acceptance of Third-Party Terms
By using our Service, you explicitly accept and agree to be bound by the terms and policies of all third-party services we use. You acknowledge that we are not liable for any issues arising from your use of or interaction with these third-party services.
Third-Party Service Notice
Our Service depends on multiple third-party providers for AI generation, hosting, analytics, and payments. Your data is processed by these services according to their respective terms and privacy policies. We are not responsible for service interruptions, data handling, or policy changes by these third parties.
Service Level Agreement (SLA) and Uptime
12.1 Uptime Guarantee
We guarantee that our Service will be available 99% of the time each calendar month. This uptime guarantee applies to the core popup generation and serving functionality.
12.2 Downtime Calculation
Downtime is calculated based on server-side error rates and availability metrics. The following are excluded from downtime calculations:
- Scheduled maintenance with at least 24 hours notice
- Force majeure events beyond our reasonable control
- Issues with your internet connectivity or local network
- Third-party service outages (AI providers, payment processors, etc.)
- Your misuse of the Service or violation of these Terms
12.3 Service Credit Policy
If we fail to meet our 99% uptime guarantee in any calendar month, eligible users will receive service credits as follows:
| Uptime Percentage | Downtime | Service Credit |
|---|---|---|
| 99% - 100% | Less than 7h 18m | 0% |
| 95% - 99% | 7h 18m - 36h | 6 hours per downtime hour |
| 90% - 95% | 36h - 72h | 6 hours per downtime hour |
| Below 90% | More than 72h | 12 hours per downtime hour |
Example: If the Service is down for 2 hours beyond the allowed downtime, you would receive 12 hours of additional service (2 hours × 6 hours credit).
12.4 Service Credit Redemption
To receive service credits for downtime:
- You must be a paid subscriber in good standing at the time of the downtime
- Submit a credit request via email to our support team within 30 days of the incident
- Include specific dates, times, and evidence of the service interruption
- Credits are applied as additional service time to your subscription
- Maximum credit in any calendar month cannot exceed 100% of that month's subscription fee
12.5 Scheduled Maintenance
We perform regular maintenance to ensure service quality and security:
Regular Maintenance
- Typically scheduled during low-traffic hours
- 24+ hours advance notice provided
Emergency Maintenance
- For critical security or stability issues
- Notice provided as soon as possible
12.6 Performance Monitoring
We continuously monitor service performance using automated systems and third-party monitoring tools. Our monitoring covers:
- API response times and error rates
- Server availability and resource utilization
- AI generation service responsiveness
- Database performance and connectivity
- Third-party service integration status
12.7 SLA Limitations and Exclusions
This SLA does not apply to:
Outages of AI providers, payment processors, or other third-party services we integrate with.
Users on free trial plans are not eligible for service credits.
Events beyond our reasonable control including natural disasters, internet outages, or government actions.
12.8 Sole Remedy
Service credits are your sole and exclusive remedy for any failure to meet the uptime guarantees outlined in this SLA. No other compensation or damages will be provided for service interruptions.
Service Level Commitment
We are committed to providing reliable service with 99% uptime. If we fall short of this commitment, paid subscribers receive service credits. Note that this SLA covers our core service infrastructure only and excludes third-party service dependencies. Service credits are the exclusive remedy for downtime.
Term and Termination
13.1 Term of Agreement
This Agreement begins when you create an account and continues until terminated according to these Terms.
Free Trial Period
- 7-day duration from account creation
- Automatically converts to paid subscription if not cancelled
- Limited to 1,000 popup generations
Paid Subscription
- Monthly or annual billing cycles
- Automatically renews until cancelled
- Each website requires separate subscription
13.2 Termination by You
You may terminate your subscription at any time through your user dashboard:
Dashboard Cancellation
Navigate to your user dashboard, select the website subscription you wish to cancel, and click "Cancel Subscription". Each website subscription must be cancelled individually.
Access After Cancellation
For paid subscriptions, you maintain access to the Service until the end of your current billing period. No prorated refunds are provided for partial months.
13.3 Termination by Us
We may suspend or terminate your access to the Service immediately without notice for the following reasons:
Failure to pay subscription fees when due. Service will be suspended until payment is received.
Harassment of other users, support staff, or any form of abusive conduct.
Breach of any provision of these Terms of Service, including prohibited use of AI features.
Attempting to resell, white-label, or redistribute our Service without authorization.
13.4 Effects of Termination
Upon termination of your subscription:
Immediate Effects
- All access to the Service is revoked
- Popups stop displaying on your website
- No further billing occurs
Data Handling
- Your data is retained for 30 days
- You may export your data before termination
- Permanent deletion after 30 days
13.5 Account Deletion
To completely delete your account and all associated data:
- Cancel all active website subscriptions first
- Submit an account deletion request through our support system
- We will permanently delete your account and all associated data within 30 days
- This action is irreversible and cannot be undone
13.6 Survival
The following provisions survive termination of this Agreement:
- Intellectual Property Rights
- Limitation of Liability
- Indemnification
- Governing Law and Dispute Resolution
- Any other provisions that by their nature should survive
Termination Notice
You can cancel subscriptions anytime through your dashboard. We may terminate accounts for violations, non-payment, or abusive behavior. After termination, you have 30 days to export your data before permanent deletion. Remember to cancel each website subscription individually if you have multiple sites.
Warranty Disclaimers
14.1 "As Is" and "As Available"
The Service is provided to you "AS IS" and "AS AVAILABLE" without any warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, we disclaim all warranties, including:
Fit for any particular purpose
Suitability for your specific needs
Freedom from intellectual property claims
Error-free or uninterrupted operation
14.2 AI-Specific Disclaimers
You acknowledge and agree that AI-generated content has inherent limitations and uncertainties:
No Accuracy Guarantee
We do not warrant that AI-generated popup content will be accurate, appropriate, effective, or free from errors. AI may produce factually incorrect, misleading, or inappropriate content despite safeguards.
No Legal Compliance Guarantee
We do not warrant that AI-generated content will comply with applicable laws, regulations, or advertising standards in your jurisdiction. You are solely responsible for legal compliance.
No Business Results Guarantee
We do not warrant that using our Service will lead to increased conversions, sales, or any specific business outcomes. Results may vary based on numerous factors beyond our control.
14.3 Third-Party Service Disclaimers
We do not warrant, endorse, guarantee, or assume responsibility for:
- Any third-party services, including AI providers, hosting services, or payment processors
- The accuracy, completeness, or reliability of any third-party content or services
- The availability, performance, or security of third-party services we integrate with
- Any products, services, or information offered by third parties through our Service
14.4 Service Availability Disclaimers
While we strive to maintain high service availability, we do not warrant that:
Availability
- The Service will be uninterrupted or error-free
- Defects will be corrected in a timely manner
Security
- The Service will be free from viruses or harmful components
- Your data will be completely secure from unauthorized access
14.5 No Professional Advice
Any content, information, or suggestions provided through the Service are for informational purposes only and do not constitute:
- Legal, financial, or business advice
- Professional marketing or conversion optimization advice
- Recommendations regarding specific business strategies or decisions
- Guarantees of any particular results or outcomes
You should consult with qualified professionals for advice tailored to your specific situation.
14.6 Your Responsibility for Due Diligence
You acknowledge that you have exercised independent judgment in deciding to use our Service and have conducted appropriate due diligence. You assume all risks associated with:
- The suitability of the Service for your specific needs and circumstances
- The quality, accuracy, and appropriateness of AI-generated content
- The impact of using the Service on your business, website, or customers
- Any decisions made based on information or content provided by the Service
14.7 Jurisdictional Limitations
Some jurisdictions do not allow the exclusion of certain warranties or limitations on applicable statutory rights. To the extent such exclusions or limitations are not permitted, our liability shall be limited to the maximum extent permitted by applicable law.
Important Disclaimer Notice
The Service is provided without any warranties. We do not guarantee AI content accuracy, legal compliance, or business results. You assume all risks associated with using AI-generated content. The free trial period allows you to evaluate whether the Service meets your needs before any financial commitment.
Limitation of Liability
15.1 Limitation of Liability
To the maximum extent permitted by applicable law, our total cumulative liability to you for all claims arising from or related to these Terms or your use of the Service shall be limited to:
Calculated based on the two months preceding the event giving rise to the claim
15.2 Exclusion of Consequential Damages
To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including:
Business revenue or income losses
Loss of business information or data
Damage to business reputation or goodwill
Costs of delayed or lost business opportunities
15.3 AI-Generated Content Liability
We shall not be liable for any damages arising from AI-generated content, including:
Inaccurate or Harmful Content
Damages resulting from factually incorrect, misleading, offensive, or inappropriate AI-generated popup content, even if such content passes through our moderation systems.
Legal and Regulatory Issues
Fines, penalties, or legal costs arising from AI-generated content that violates laws, regulations, or advertising standards in any jurisdiction.
Business Performance
Poor conversion rates, lost sales, or negative customer reactions resulting from ineffective or poorly performing AI-generated popups.
15.4 Third-Party Service Liability
We are not liable for any damages caused by third-party services we rely on, including:
- AI/LLM provider outages, errors, or content limitations
- Hosting provider (Hetzner) infrastructure failures or downtime
- CDN (Cloudflare) performance issues or security breaches
- Analytics (PostHog) service interruptions or data inaccuracies
- Payment processor (Polar) billing errors or service disruptions
15.5 Basis of the Bargain
The limitations of liability in this section are fundamental elements of the basis of the agreement between you and us. We would not be able to provide the Service to you without these limitations. You acknowledge and agree that we have set our prices and entered into this Agreement in reliance upon the disclaimers of warranty and limitations of liability set forth herein.
15.6 Free Trial Users
If you are using the Service under a free trial, our total liability to you for any and all claims arising from or related to these Terms or your use of the Service shall be limited to zero dollars ($0). Free trial users assume all risks associated with using the Service.
15.7 Essential Purpose
The limitations and exclusions of liability set forth in this section shall apply regardless of whether the liability is based on breach of contract, tort (including negligence), strict liability, breach of warranty, or any other legal theory, even if we have been advised of the possibility of such damages, and even if any remedy set forth herein fails of its essential purpose.
15.8 Jurisdictional Variations
Some jurisdictions do not allow the exclusion or limitation of certain damages. If any such exclusion or limitation in these Terms is held to be invalid or unenforceable under applicable law, then our liability shall be limited to the maximum extent permitted by law.
Liability Limitation Notice
Our liability is strictly limited to a maximum of two months' subscription fees. We are not liable for consequential damages, AI content issues, or third-party service problems. Free trial users assume all risks. These limitations are essential to providing the Service at current pricing levels.
Indemnification
16.1 Your Indemnification Obligation
You agree to defend, indemnify, and hold harmless [Your Service Name], its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
Your Use of the Service
Any claims resulting from your access to or use of the Service, including any violations of these Terms of Service.
AI-Generated Content
Claims arising from AI-generated popup content displayed on your website, including copyright infringement, defamation, or regulatory violations.
Third-Party Claims
Claims brought by your customers, website visitors, or other third parties related to your use of our Service.
16.2 Specific Indemnification Scenarios
Your indemnification obligation includes, but is not limited to, the following specific scenarios:
Claims that your use of the Service violated any law or regulation
Claims of copyright, trademark, or patent infringement
Claims under GDPR, CCPA, or other privacy laws
Claims under advertising or consumer protection laws
16.3 AI-Generated Content Indemnification
You specifically agree to indemnify us for all claims arising from AI-generated content, including:
Claims that AI-generated popups contained false, misleading, or inaccurate information
Claims that AI-generated content was offensive, inappropriate, or harmful
Claims that AI content violated advertising standards, consumer protection laws, or other regulations
16.4 Defense Procedures
In the event of a claim subject to indemnification:
Notice Requirement
We will provide prompt written notice of any claim subject to indemnification. However, any delay in providing notice will not relieve you of your indemnification obligations except to the extent you are prejudiced by such delay.
Defense Control
You will have the right to assume control of the defense and settlement of the claim, using counsel of your choice, provided that you may not settle any claim without our prior written consent if the settlement imposes any liability or obligation on us.
Cooperation
We will cooperate with you in the defense of any claim, at your expense. You will reimburse us for all reasonable expenses incurred in providing such cooperation.
16.5 Costs and Expenses Covered
Your indemnification obligation includes payment of all:
- Reasonable attorneys' fees and legal expenses
- Court costs and litigation expenses
- Settlement amounts and judgments
- Expert witness fees and consultant costs
- Investigation expenses and discovery costs
- Any other reasonable expenses incurred in connection with the claim
16.6 Exclusive Remedy
This indemnification section states your sole and exclusive remedy, and our entire liability, for the types of claims described herein. The indemnification obligations under this section shall survive the termination or expiration of these Terms and your use of the Service.
Indemnification Notice
You are responsible for protecting us from claims related to your use of our Service, including AI-generated content issues. This includes legal fees, settlements, and other costs. You must cover these expenses if claims arise from your actions, content decisions, or legal violations. This obligation continues even after you stop using our Service.
Governing Law and Dispute Resolution
17.1 Governing Law
These Terms of Service and any disputes arising out of or relating to these Terms or your use of the Service shall be governed by and construed in accordance with the laws of:
17.2 Jurisdiction
You agree that any legal action or proceeding relating to these Terms or your use of the Service shall be brought exclusively in:
Courts of Muscat
Sultanate of Oman
You hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
17.3 Dispute Resolution Process
Before initiating any formal legal proceedings, we strongly encourage you to contact us first to attempt to resolve any disputes informally. The following process shall apply:
Informal Negotiation
Either party shall provide written notice of the dispute to the other party. The parties shall then attempt to resolve the dispute through good faith negotiations for a period of 30 days.
Mediation
If the dispute is not resolved through negotiation, the parties may mutually agree to submit the dispute to mediation in Muscat, Oman before pursuing other remedies.
Formal Proceedings
If the dispute remains unresolved after negotiation and optional mediation, either party may initiate formal legal proceedings in the courts of Muscat, Oman.
17.4 Time Limitation for Claims
Any cause of action or claim you may have arising out of or relating to these Terms or the Service must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action or claim is permanently barred.
17.5 Class Action Waiver
You agree that any disputes shall be resolved on an individual basis only, and not as a class, collective, consolidated, or representative action.
You waive any right to participate in any class action lawsuit, class-wide arbitration, or any other representative proceeding against us.
17.6 Injunctive Relief
Notwithstanding the above, we may seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property rights, confidential information, or to prevent unauthorized use or misuse of the Service, without first engaging in the dispute resolution process described above.
17.7 Severability
If any provision of this Dispute Resolution section is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions shall remain in full force and effect and enforceable.
17.8 No Waiver of Rights
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.
17.9 Cross-Border Considerations
If you are accessing the Service from outside Oman, you are responsible for compliance with local laws to the extent they apply. You acknowledge that:
Omani law may provide different rights and remedies than the laws of your home jurisdiction
Participating in legal proceedings in Oman may require international travel at your own expense
Dispute Resolution Notice
All legal matters are governed by Omani law and resolved in Muscat courts. Please contact us first to resolve issues informally. You have one year to bring claims and cannot participate in class actions. International users should be aware that Omani law applies and proceedings require travel to Oman.
Changes to Terms of Service
18.1 Right to Modify Terms
We reserve the right, at our sole discretion, to modify or replace these Terms of Service at any time. We may change the Terms for various reasons, including:
New features or functionality additions
Changes required by law or regulation
Pricing, features, or policy updates
Improvements based on user feedback
18.2 Notification of Changes
When we make material changes to these Terms, we will provide notice through the following methods:
Email Notification
We will send an email to the address associated with your account notifying you of material changes to the Terms. The email will include a summary of key changes and a link to the updated Terms.
In-Service Notice
We may display prominent notices within the Service interface alerting you to significant changes to the Terms.
Updated Date
The "Last Updated" date at the top of these Terms will be revised to reflect the effective date of the changes.
18.3 Effective Date of Changes
Changes to these Terms will become effective:
- For material changes: 30 days after notification is provided
- For non-material changes: Immediately upon posting
- For changes required by law: Immediately or as required by the applicable law
We will specify the effective date of changes in our notification. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.
18.4 Your Responsibility to Review
It is your responsibility to regularly review these Terms and stay informed about any changes. You acknowledge that:
You should periodically check these Terms for updates, as they are binding on you
You must maintain a current email address in your account to receive notifications
Continued use after changes constitutes acceptance of the new Terms
18.5 Objecting to Changes
If you do not agree to any modified Terms, your only recourse is to:
Stop Using the Service
Discontinue all use of the Service and cancel your subscription before the changes take effect
You may cancel your subscription through your user dashboard. No refunds will be provided for partial months of service.
18.6 Historical Versions
We will maintain an archive of previous versions of these Terms for your reference. You may contact us to request access to previous versions that were in effect during your use of the Service.
18.7 Material vs. Non-Material Changes
We consider the following types of changes to be material (requiring 30 days' notice):
- Significant changes to pricing or billing practices
- Reductions in your rights or our obligations
- Changes to dispute resolution or governing law provisions
- Substantial modifications to data handling or privacy practices
- Changes that affect the core functionality of the Service
Non-material changes include clarifications, grammatical corrections, and minor administrative updates.
Terms Update Notice
We may update these Terms periodically. We'll notify you of material changes by email 30 days before they take effect. Your continued use after changes means you accept the new Terms. If you don't agree with changes, you must stop using the Service. Please keep your email address updated and review the Terms regularly.
Miscellaneous
19.1 Entire Agreement
These Terms of Service, together with our Privacy Policy and any other legal notices published by us on the Service, shall constitute the entire agreement between you and [Your Service Name] concerning the Service.
Supersedes Previous Agreements
These Terms supersede and replace any prior or contemporaneous agreements, representations, warranties, and understandings, whether written or oral, regarding the Service.
19.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction:
Remaining Provisions
- All other provisions remain in full effect
- The invalid provision is modified to be enforceable
Court Modification
- The court may modify the provision
- Intent and purpose are preserved
19.3 No Waiver
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.
19.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void.
Our Assignment Rights
We may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
19.5 Force Majeure
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including:
19.6 Notices
We may provide any notice to you under these Terms by:
19.7 Third-Party Beneficiaries
These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns. Nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
19.8 Section Headings
The section headings in these Terms are for convenience only and have no legal or contractual effect. They shall not affect the construction or interpretation of any provision herein.
19.9 Electronic Communications
When you use the Service or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
19.10 Contact Information
If you have any questions about these Terms, please contact us at:
GenConvert Support
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