Terms of Service

1.Acceptance of these Terms

These Terms apply to all visitors, users, customers, agencies, white-label partners, and others who access the Services. Additional terms may apply to specific features, beta programs, or paid plans; where they do, those additional terms are incorporated by reference and control to the extent of any conflict for that feature.

We may update these Terms from time to time as described in the "Changes to the Services and Terms" section. Your continued use of the Services after an update takes effect constitutes acceptance of the revised Terms.

2.Definitions

• "Account" means the registered account you use to access the Services.
• "Content" means any text, prompts, images, audio, video, funnels, pages, copy, data, files, or other materials you submit to, generate with, or publish through the Services.
• "Output" means content generated by the Services' artificial-intelligence features in response to your inputs.
• "Credits" means the prepaid or plan-allocated units consumed when you use metered features such as AI generation.
• "Sub-Account" means an end-customer account created and managed by an agency or white-label partner under their own plan.

3.Eligibility and Accounts

You must be at least 18 years old (or the age of majority in your jurisdiction) and able to form a binding contract to use the Services. The Services are not directed to children.

You are responsible for the accuracy of your registration information, for safeguarding your login credentials, and for all activity that occurs under your Account. You must notify us promptly of any unauthorized use or suspected security breach. We are not liable for any loss arising from your failure to secure your credentials.

You may not share, sell, or transfer your Account, and you may not use another user's Account without permission.

4.The Services

Mass provides an AI-assisted platform for building marketing assets, funnels, pages, emails, automations, and related content, together with hosting, analytics, and collaboration tools. The specific features available to you depend on your plan.

We continually improve the Services and may add, modify, or remove features at our discretion. We will use commercially reasonable efforts to maintain availability, but the Services are provided on an "as available" basis and may be subject to downtime, maintenance, and factors outside our control.

5.Plans, Billing, Credits, and Renewals

Paid Services are billed in advance on a recurring basis (for example, monthly or annually) according to the plan you select. By subscribing, you authorize us and our payment processors to charge your payment method for all applicable fees, taxes, and renewals until you cancel.

Auto-renewal

Subscriptions renew automatically at the end of each billing cycle at the then-current rate unless you cancel before the renewal date. You may cancel at any time from your account settings; cancellation takes effect at the end of the current billing period.

Credits

Metered features consume Credits. Unless expressly stated otherwise, Credits are consumed on use, may expire at the end of a billing cycle, are not redeemable for cash, and are non-refundable. We may change Credit consumption rates for features as our underlying costs change.

Price changes and taxes

We may change our prices on a prospective basis with notice before your next renewal. Fees are exclusive of taxes, and you are responsible for all applicable sales, use, VAT, GST, and similar taxes. Failure to pay may result in suspension or termination.

6.Free Trials, Beta Features, and Promotions

We may offer free trials, promotional credits, or early access to "beta" features. Trials may convert to a paid subscription automatically unless you cancel before the trial ends. Promotional offers are subject to their own terms and may be modified or withdrawn at any time.

Beta features are provided "as is" for evaluation, may be changed or discontinued without notice, and may be subject to additional terms. We disclaim all warranties and liability for beta features to the maximum extent permitted by law.

7.Cancellation and Refunds

You may cancel your subscription at any time. Except where required by applicable law or expressly stated in a specific offer, payments are non-refundable and we do not provide refunds or credits for partial periods, unused Credits, or unused features.

If you believe you were charged in error, contact us within 30 days of the charge and we will review the request in good faith.

8.AI Features and Generated Output

The Services use artificial intelligence and third-party models to generate Output from your inputs. AI is probabilistic and may produce inaccurate, incomplete, outdated, or offensive results. You are solely responsible for reviewing, editing, and verifying all Output before relying on or publishing it.

• Output is not professional advice (legal, financial, medical, or otherwise) and must not be relied upon as such.
• You are responsible for ensuring your use of Output complies with all applicable laws, platform policies, advertising standards, and third-party rights.
• Given the nature of generative AI, Output may not be unique; similar Output may be generated for other users. We make no representation that Output is original or non-infringing.
• As between you and Mass, and to the extent permitted by law and the applicable model providers' terms, we assign to you our rights in the Output for your lawful use; you retain responsibility for it.

You must not use the AI features to generate prohibited content as described in the Acceptable Use section, or to develop a competing model or service.

9.Your Content and License Grant

You retain all ownership rights you hold in your Content. You are solely responsible for your Content and represent that you have all necessary rights, consents, and permissions to submit it and that it does not violate any law or third-party right.

You grant Mass a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for formatting and display), transmit, and display your Content solely as needed to operate, secure, improve, and provide the Services to you and, where applicable, to your end customers. This license ends when you delete your Content or close your Account, except for residual copies retained in routine backups or as required by law.

We do not use the private content you submit to train publicly shared foundation models except as described in our Privacy Policy. We may use aggregated, de-identified data to operate and improve the Services.

10.Acceptable Use

You agree not to misuse the Services. Without limiting other restrictions in these Terms, you must not:

• Violate any law or regulation, or infringe the intellectual-property, privacy, or other rights of any person;
• Upload or generate content that is unlawful, defamatory, harassing, hateful, sexually exploitative of minors, or that promotes violence or self-harm;
• Send spam, deceptive, or unsolicited communications, or engage in phishing, fraud, pyramid schemes, or deceptive marketing;
• Distribute malware, attempt to gain unauthorized access to systems, probe or scan for vulnerabilities, or interfere with the integrity or performance of the Services;
• Reverse engineer, decompile, scrape at scale, or attempt to extract source code or training data, except to the extent such restriction is prohibited by law;
• Resell, sublicense, or provide the Services to third parties except through an authorized agency or white-label plan;
• Use the Services to build a competing product, or to circumvent usage limits, Credit metering, or access controls.

We may investigate suspected violations and may remove content or suspend or terminate access for conduct that we reasonably believe violates these Terms or harms other users, third parties, or Mass.

11.Third-Party Services and Integrations

The Services may integrate with or link to third-party products (for example, payment processors, model providers, advertising and email platforms, and analytics tools). Your use of those products is governed by their own terms and privacy policies. We are not responsible for third-party products and do not endorse them. You are responsible for complying with any third-party terms applicable to your use.

12.Agency, Reseller, and White-Label Use

If you use the Services to provide services to your own clients (including through Sub-Accounts or white-label branding), you are responsible for your clients' use, for providing your own customer support and legal terms to them, and for ensuring their compliance with these Terms. You will indemnify Mass for claims arising from your clients' use as set out in the Indemnification section.

You must present end customers with privacy and terms that are at least as protective as ours, and you must promptly suspend or remove any Sub-Account that violates these Terms.

13.Intellectual Property

The Services, including all software, models, templates, designs, text, graphics, and the Mass name and logos, are owned by Mass or its licensors and are protected by intellectual-property laws. Except for the limited rights expressly granted to you, we reserve all rights.

We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your internal business purposes in accordance with these Terms. If you provide feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or compensation.

14.Privacy

Our Privacy Policy explains how we collect, use, and share personal information. By using the Services, you acknowledge that personal information will be handled as described there. Where you act as a data controller for end customers, you are responsible for having a lawful basis to process their data through the Services.

15.Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, secure, or error-free, that defects will be corrected, or that Output will be accurate, lawful, or fit for your purposes. Any reliance on the Services or Output is at your own risk.

16.Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MASS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO MASS FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.

17.Indemnification

You agree to defend, indemnify, and hold harmless Mass and its affiliates from and against any claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your Content or Output you publish; (b) your use of the Services; (c) your violation of these Terms or any law; (d) your infringement of any third-party right; or (e) the use of the Services by your clients or Sub-Accounts.

18.Suspension and Termination

You may stop using the Services and close your Account at any time. We may suspend or terminate your access immediately if you breach these Terms, fail to pay fees, create risk or legal exposure for us, or if we discontinue the Services.

Upon termination, your right to use the Services ends and we may delete your Content after a reasonable period, subject to legal retention requirements. Sections that by their nature should survive termination (including IP, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.

19.Changes to the Services and Terms

We may modify these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by email or in-product notice) before they take effect. Changes apply prospectively. If you do not agree to the updated Terms, you must stop using the Services.

20.Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Florida, USA, without regard to its conflict-of-laws rules, except where mandatory local consumer-protection laws apply to you.

Informal resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us. We will try to resolve it within 60 days.

Binding arbitration and class-action waiver

To the extent permitted by applicable law, any dispute not resolved informally will be settled by binding individual arbitration rather than in court, and you and Mass each waive the right to a jury trial and to participate in any class or representative action. You may opt out of arbitration within 30 days of first accepting these Terms by sending written notice to our contact address. This section does not prevent either party from seeking injunctive relief for intellectual-property misuse.

Venue

To the extent a dispute is not subject to arbitration, you and Mass agree to the exclusive jurisdiction of, and venue in, the state and federal courts located in Florida, USA, and waive any objection to such venue.

21.General

• Entire agreement. These Terms and any referenced policies are the entire agreement between you and Mass regarding the Services.
• Severability. If any provision is found unenforceable, the remaining provisions remain in effect.
• No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
• Notices. We may provide notices to you by email or in-product; you may contact us at the address below.

22.Contact Us

The Services are operated by Mass Technologies (Florida, USA).

Questions about these Terms? Contact us at support@mass.new. We will respond as soon as reasonably practicable.