Terms and Conditions

1. Acceptance of Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and AI Trade Labz ("Company," "we," "us," or "our"), governing your access to and use of our website, services, and products.

By accessing our website at www.aitradelabz.com, registering for an account, or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and any additional terms applicable to specific services.

2. Company Information

Legal Name: AI Trade Labz LLC
Business Address: 1 HOOD AVENUE ROSEBANK, JOHANNESBURG, GAUTENG 2196, SOUTH AFRICA
Contact Email: [email protected]
Website: www.aitradelabz.com

3. Services Description

AI Trade Labz provides comprehensive digital marketing services, including but not limited to:

• Search Engine Optimization (SEO)
• Social Media Marketing and Management
• Content Marketing and Creation
• Pay-Per-Click (PPC) Advertising
• AI-Powered Marketing Solutions
• Brand Development and Strategy
• Email Marketing Campaigns
• Analytics and Reporting
• Marketing Consulting and Advisory Services

The specific scope of services will be defined in individual service agreements, proposals, or statements of work ("SOW") executed between the Company and the Client.

4. Eligibility and Account Registration

4.1 Eligibility

To use our services, you must:

• Be at least 18 years of age or the age of legal majority in your jurisdiction
• Have the legal authority to enter into binding contracts
• Represent a business or organization (for business services)
• Provide accurate and complete information
• Not be prohibited from using our services under applicable laws

4.2 Account Registration

When you create an account with us, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access or security breach

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, abusive, or illegal activities.

5. Client Responsibilities and Obligations

5.1 Information and Access

Clients are responsible for:

• Providing timely and accurate information necessary for service delivery
• Granting appropriate access to required platforms, accounts, and systems
• Reviewing and approving deliverables within agreed timeframes
• Communicating feedback, concerns, and requirements clearly
• Responding to requests for information or clarification promptly

5.2 Content and Materials

When providing content or materials to us, you represent and warrant that:

• You own or have necessary rights to use and authorize us to use the content
• The content does not infringe on any third-party intellectual property rights
• The content complies with all applicable laws and regulations
• The content does not contain harmful, offensive, or illegal material
• You have obtained all necessary consents, releases, and permissions

5.3 Prohibited Uses

You agree not to:

• Use our services for any illegal or unauthorized purposes
• Violate any laws, regulations, or third-party rights
• Transmit harmful code, viruses, or malicious software
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt our services or servers
• Impersonate any person or entity or misrepresent your affiliation
• Harvest or collect information about other users without consent
• Use our services to send spam or unsolicited communications
• Reverse engineer, decompile, or disassemble our proprietary technology

6. Service Agreements and Scope of Work

6.1 Service Proposals

All services are provided pursuant to written proposals, service agreements, or statements of work that define:

• Scope of services and deliverables
• Project timelines and milestones
• Pricing, payment terms, and schedules
• Roles and responsibilities of both parties
• Performance metrics and success criteria
• Confidentiality and intellectual property provisions

6.2 Changes to Scope

Any changes to the agreed scope of work must be documented in writing through a formal change request process. Additional work or modifications may result in adjusted fees and timelines.

6.3 Service Performance

While we strive to deliver exceptional results, we cannot guarantee specific outcomes such as:

• Search engine rankings or positions
• Website traffic increases or conversion rates
• Social media follower growth or engagement levels
• Advertising campaign performance or ROI
• Sales or revenue generation

7. Fees, Payment, and Billing

7.1 Service Fees

Fees for our services are specified in individual service agreements or proposals. Unless otherwise stated:

• All fees are in United States Dollars (USD)
• Fees do not include applicable taxes, which are the Client's responsibility
• Setup fees, deposits, or advance payments may be required
• Recurring fees are billed on the schedule specified in the agreement

7.2 Payment Terms

Payment terms and conditions:

• Invoices are due within the timeframe specified (typically 15-30 days)
• Accepted payment methods include credit card, ACH transfer, wire transfer, or check
• Late payments may incur interest charges at the rate of 1.5% per month (18% annually)
• We reserve the right to suspend services for non-payment
• Clients are responsible for all collection costs and legal fees for unpaid invoices

7.3 Expenses and Third-Party Costs

Unless included in the service fee, Clients are responsible for:

• Advertising spend on platforms (Google Ads, Facebook Ads, etc.)
• Third-party tools, software, or subscriptions
• Stock photos, videos, or other licensed content
• Domain registration, hosting, or technical services
• Travel expenses (if applicable)

Such expenses will be billed separately or passed through with prior approval.

7.4 Refunds and Cancellations

Refund policies are specified in individual service agreements. Generally:

• Setup fees and deposits are non-refundable
• Work already performed is not refundable
• Subscription services require advance notice for cancellation (typically 30 days)
• Refund requests must be submitted in writing

8. Intellectual Property Rights

8.1 Company Ownership

AI Trade Labz retains all rights, title, and interest in:

• Our proprietary methods, processes, and systems
• Marketing strategies, frameworks, and methodologies
• Software, tools, and technology platforms
• Templates, checklists, and internal resources
• Pre-existing materials and work product
• Our trademarks, logos, and brand identity

8.2 Client Ownership

Upon full payment, Clients receive ownership of:

• Custom creative work created specifically for the Client (logos, graphics, content)
• Campaign materials and deliverables specified in the agreement
• Final approved versions of content and creative assets

8.3 License Grants

Clients grant us a limited license to use their:

• Trademarks, logos, and brand materials for service delivery
• Content and materials provided for marketing purposes
• Campaign results and case studies for promotional purposes (with approval)

8.4 Third-Party Rights

Content created using third-party resources (stock images, fonts, templates) may be subject to separate license terms. Clients are responsible for ensuring compliance with such licenses.

9. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information shared during the business relationship, including:

• Business strategies, plans, and financial information
• Trade secrets and proprietary methods
• Customer data and contact lists
• Technical information and processes
• Marketing strategies and campaign details

Confidential information must not be disclosed to third parties without written consent, except as required by law or to fulfill service obligations (e.g., sharing with approved subcontractors).

10. Data Protection and Privacy

Our collection, use, and protection of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. Key provisions include:

• Compliance with applicable data protection laws (GDPR, CCPA, etc.)
• Implementation of appropriate security measures
• Processing of data only as necessary for service delivery
• Data subject rights and request procedures
• Data breach notification protocols

Clients are responsible for ensuring their own compliance with data protection laws when providing us with personal data.

11. Term and Termination

11.1 Service Term

The term of services is specified in individual service agreements and may be:

• Project-based with defined start and end dates
• Month-to-month with automatic renewal
• Annual contracts with renewal options

11.2 Termination for Convenience

Either party may terminate services with written notice:

• Project-based services: Generally non-cancelable once commenced
• Recurring services: Typically 30 days' advance notice required
• Annual contracts: May require early termination fees

11.3 Termination for Cause

Either party may terminate immediately if:

• The other party materially breaches these Terms and fails to cure within 15 days
• The other party becomes insolvent or files for bankruptcy
• Required by law or regulatory authority

11.4 Effects of Termination

Upon termination:

• Client must pay all fees for services rendered up to the termination date
• We will provide deliverables completed up to termination (upon payment)
• Work in progress will be billed on a pro-rata basis
• Access to platforms and accounts will be returned or revoked
• Confidential information must be returned or destroyed
• Provisions that by nature should survive will remain in effect

12. Warranties and Disclaimers

12.1 Company Warranties

We warrant that:

• Services will be performed in a professional and workmanlike manner
• We have the right and authority to provide the services
• Services will comply with applicable laws and regulations
• We will use qualified personnel with appropriate expertise

12.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING:

• IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
• WARRANTIES OF NON-INFRINGEMENT
• WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE
• GUARANTEES OF SPECIFIC RESULTS OR OUTCOMES

13. Limitation of Liability

• Indirect, Incidental, Consequential, or Punitive Damages including loss of profits, revenue, data, business opportunities, or goodwill
• Damages Exceeding Fees Paid: Our total liability shall not exceed the total fees paid by the Client in the 12 months preceding the claim
• Third-Party Actions: Damages resulting from third-party platforms, services, or actions beyond our control
• Client Content: Damages arising from Client-provided content, materials, or instructions

13.1 Exceptions

Nothing in these Terms limits liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Matters that cannot be limited by applicable law

14. Indemnification

Client agrees to indemnify, defend, and hold harmless AI Trade Labz, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorney fees) arising from:

• Client's breach of these Terms or service agreements
• Client-provided content, materials, or instructions
• Infringement of third-party intellectual property rights
• Violation of laws or regulations by Client
• Client's products, services, or business practices

15. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond reasonable control, including:

• Natural disasters (earthquakes, floods, fires)
• War, terrorism, or civil unrest
• Government actions or regulations
• Labor disputes or strikes
• Internet or telecommunications failures
• Pandemics or public health emergencies

The affected party must notify the other promptly and use reasonable efforts to mitigate the impact.

16. Dispute Resolution

16.1 Negotiation

In the event of a dispute, the parties agree to first attempt to resolve the matter through good-faith negotiations between senior management representatives.

16.2 Mediation

If negotiation fails, the parties agree to submit the dispute to non-binding mediation before a mutually agreed mediator in San Francisco, California.

16.3 Arbitration

If mediation is unsuccessful, disputes shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in San Francisco, California.

16.4 Exceptions

Either party may seek injunctive relief or enforce intellectual property rights in court without prior arbitration.

17. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Any legal action or proceeding (other than arbitration) shall be brought exclusively in the state or federal courts located in San Francisco County, California. Both parties consent to the personal jurisdiction of such courts.

18. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make changes:

• We will update the "Last Updated" date at the top
• Material changes will be communicated via email or website notice
• Continued use of services after changes constitutes acceptance
• Changes do not apply retroactively to existing service agreements

If you do not agree with modified Terms, you must discontinue use of our services.

19. General Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any executed service agreements, constitute the entire agreement between the parties and supersede all prior understandings.

19.2 Assignment

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

19.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

19.4 Waiver

No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. Failure to enforce any right does not constitute a waiver of that right.

19.5 Independent Contractors

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

19.6 Notices

All notices must be in writing and sent to:

• For AI Trade Labz: [email protected] or 1 HOOD AVENUE ROSEBANK, JOHANNESBURG, GAUTENG 2196, SOUTH AFRICA
• For Client: The email or address provided in your account or service agreement

19.7 Survival

Provisions that by their nature should survive termination shall survive, including: intellectual property rights, confidentiality, payment obligations, warranties, disclaimers, limitations of liability, and dispute resolution.

20. Contact Information

For questions regarding these Terms and Conditions, please contact us:

21. Acknowledgment

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.