Terms of Service
Last updated: March 29, 2026 · GMBX (gmbx.ai)
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and GMBX ("Company," "we," "us," or "our"), an Israel-based software-as-a-service company operating globally at gmbx.ai. By accessing or using the Service, clicking "I Agree," checking a consent box at checkout, or completing a payment, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree in full, do not use the Service. These Terms apply to all users worldwide, including residents of the United States, the European Union, the United Kingdom, Israel, Australia, and any other jurisdiction. Additional rights may apply to you based on your location; see Section 24 (International Users).
2. Service Description — Tool, Not Managed Service
GMBX provides automated Google Business Profile management tools including, without limitation: AI-generated post captions using GPT-4o-mini; AI-generated images using DALL-E 3; automated posting to Google Business Profile via Google's API; image sourcing from Google Places, AI generation, and stock photo APIs (including Unsplash and Pexels); smart scheduling of post timing; client communication via WhatsApp (powered by Twilio); and related analytics ("the Service"). THE SERVICE IS A TECHNOLOGY TOOL, NOT A MANAGED SERVICE. COMPANY DOES NOT PROVIDE MARKETING CONSULTING, ADVERTISING AGENCY SERVICES, LEGAL ADVICE, FINANCIAL ADVICE, OR ANY FORM OF PROFESSIONAL ADVICE. ALL AI-GENERATED CONTENT INCLUDING CAPTIONS AND IMAGES CONSTITUTES AUTOMATED SUGGESTIONS ONLY, NOT PROFESSIONAL RECOMMENDATIONS. CLIENT RETAINS FULL EDITORIAL RESPONSIBILITY FOR ALL CONTENT PUBLISHED UNDER THEIR GOOGLE BUSINESS PROFILE. THE SERVICE DOES NOT GUARANTEE ANY SPECIFIC RESULTS, INCLUDING BUT NOT LIMITED TO SEARCH ENGINE RANKINGS, GOOGLE SEARCH VISIBILITY, CUSTOMER ACQUISITION, LEAD GENERATION, CALL VOLUME, WEBSITE TRAFFIC, REVENUE, OR ANY OTHER BUSINESS OUTCOME.
3. Account Registration & Eligibility
You must provide accurate, current, and complete information during registration. You must provide a valid phone number capable of receiving WhatsApp messages. You represent and warrant that: (a) you are at least 18 years old or the legal age of majority in your jurisdiction; (b) you have the legal authority to bind yourself or the entity you represent; (c) you are the authorized owner or legal representative of the Google Business Profile(s) you connect to the Service; (d) all business information you provide is truthful and not fraudulent; (e) you are not using the Service on behalf of a business you do not own or are not authorized to represent. COMPANY RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT DISCOVERED TO INVOLVE FRAUDULENT BUSINESS INFORMATION, IMPERSONATION, OR UNAUTHORIZED MANAGEMENT OF A THIRD-PARTY BUSINESS PROFILE, WITHOUT REFUND AND WITHOUT NOTICE.
4. Fees, Billing & Payment
Fees are as displayed at the time of purchase. All amounts are in United States Dollars (USD) unless otherwise stated. Currency conversion is the sole responsibility of the Client and their financial institution. COMPANY IS NOT LIABLE FOR FOREIGN EXCHANGE LOSSES, CONVERSION FEES, OR DISCREPANCIES ARISING FROM INTERNATIONAL TRANSACTIONS. Billing is monthly and recurring via Stripe. By completing a purchase, you expressly authorize COMPANY to charge your payment method on file automatically on each renewal date. You represent that you understand and consent to auto-renewal at the time of checkout. Failure to pay after three (3) retry attempts will result in immediate suspension of your account. You remain liable for all accrued fees. If your payment method expires and service is interrupted, you are solely responsible for updating your payment method. COMPANY IS NOT LIABLE FOR SERVICE GAPS, DATA LOSS, MISSED POSTS, OR ANY CONSEQUENCE ARISING FROM PAYMENT METHOD EXPIRY OR FAILURE. THERE ARE NO HIDDEN FEES. The price displayed at checkout is the complete recurring charge. Taxes, if any, are listed separately at checkout and are your responsibility.
5. No Refunds — Absolute Policy
ALL FEES ARE NON-REFUNDABLE AND NON-CREDITABLE UNDER ANY CIRCUMSTANCES. THIS IS AN ABSOLUTE, UNCONDITIONAL NO-REFUND POLICY. WITHOUT LIMITING THE FOREGOING, NO REFUND WILL BE ISSUED FOR: (A) PARTIAL MONTHS OF SERVICE FOR ANY REASON; (B) DISSATISFACTION WITH AI-GENERATED CONTENT, INCLUDING CAPTIONS, IMAGES, OR BOTH; (C) CHANGES TO GOOGLE'S POLICIES, ALGORITHMS, PLATFORM FEATURES, OR API TERMS; (D) GOOGLE SUSPENSION, RESTRICTION, MODIFICATION, OR REMOVAL OF YOUR BUSINESS LISTING FOR ANY REASON; (E) TEMPORARY OR PERMANENT SERVICE INTERRUPTIONS OR OUTAGES; (F) THIRD-PARTY SERVICE FAILURES INCLUDING STRIPE, TWILIO, OPENAI, SUPABASE, OR ANY OTHER PROVIDER; (G) CLIENT'S FAILURE TO USE THE SERVICE; (H) CHANGES IN CLIENT'S BUSINESS CIRCUMSTANCES; (I) DISSATISFACTION WITH POSTING FREQUENCY, SCHEDULING TIMES, OR CONTENT TONE; (J) ANY CLAIM THAT THE SERVICE DID NOT PRODUCE EXPECTED BUSINESS RESULTS; (K) CANCELLATION MID-CYCLE; (L) ANY OTHER REASON WHATSOEVER. CHARGEBACKS FILED WITHOUT FIRST CONTACTING COMPANY AT SUPPORT@GMBX.AI CONSTITUTE A BREACH OF THESE TERMS AND MAY RESULT IN IMMEDIATE ACCOUNT TERMINATION, REPORTING TO PAYMENT PROCESSORS, AND PURSUIT OF COLLECTION.
6. Cancellation Policy
You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. You retain access until the end of the paid period. To cancel: text "CANCEL" via WhatsApp, use the dashboard settings, or contact support@gmbx.ai. It is your responsibility to confirm cancellation was received. COMPANY IS NOT LIABLE FOR CHARGES RESULTING FROM YOUR FAILURE TO PROPERLY SUBMIT A CANCELLATION REQUEST. If service continues posting after cancellation due to a system error, you must notify us within 48 hours. Client data is retained for 30 days post-cancellation, then permanently deleted. COMPANY IS NOT LIABLE FOR DATA LOSS FOLLOWING THIS RETENTION PERIOD.
7. AI-Generated Content — Limitations & Client Responsibility
THE SERVICE USES ARTIFICIAL INTELLIGENCE, INCLUDING GPT-4O-MINI FOR CAPTION GENERATION AND DALL-E 3 FOR IMAGE GENERATION. AI SYSTEMS ARE INHERENTLY IMPERFECT AND MAY PRODUCE CONTENT THAT IS INACCURATE, INCOMPLETE, MISLEADING, OFFENSIVE, CULTURALLY INAPPROPRIATE, LEGALLY NON-COMPLIANT, OR OTHERWISE PROBLEMATIC. YOU ACKNOWLEDGE THIS FUNDAMENTAL LIMITATION AND ACCEPT FULL RESPONSIBILITY FOR ALL CONTENT PUBLISHED UNDER YOUR PROFILE. Specifically, you acknowledge and agree that: (A) AI captions may contain factual errors, unverifiable claims, or "hallucinations" — statements that appear plausible but are false; (B) AI captions may inadvertently contain language that could be considered defamatory, comparative advertising, or potentially infringing on third-party trademarks; (C) AI-generated images may bear resemblance to copyrighted works; it is your responsibility to review images before they are published; (D) AI-generated images may depict individuals whose likeness was present in training data; COMPANY DOES NOT WARRANT THAT AI IMAGES ARE FREE FROM RIGHT-OF-PUBLICITY CLAIMS; (E) AI content is not reviewed by licensed professionals and does not constitute legal, medical, financial, or regulatory advice; (F) AI content generated for regulated industries (medical, legal, financial, pharmaceutical, etc.) may not comply with industry-specific advertising regulations including FTC guidelines, the FDA Act, state bar rules, FINRA regulations, or equivalent international standards; CLIENT ASSUMES ALL REGULATORY COMPLIANCE RESPONSIBILITY; (G) AI content may be generated in an incorrect language or dialect; you are responsible for reviewing and correcting such errors; (H) AI content may inadvertently be similar to content generated for other clients; COMPANY DOES NOT GUARANTEE UNIQUENESS OF AI OUTPUT; (I) AI content may trigger Google's spam filters, content policies, or automated review systems, which may result in post rejection or listing penalties. CLIENT IS SOLELY RESPONSIBLE FOR REVIEWING ALL AI-GENERATED CONTENT BEFORE IT IS PUBLISHED. IF YOU CHOOSE TO USE THE AUTO-PUBLISH FEATURE, YOU ACCEPT FULL RESPONSIBILITY FOR ALL CONTENT PUBLISHED ON YOUR BEHALF, INCLUDING CONTENT YOU DID NOT INDIVIDUALLY REVIEW.
8. Auto-Scheduling & 60-Second Auto-Select Feature
The Service includes smart auto-scheduling that determines posting times based on algorithmic analysis. YOU ACKNOWLEDGE THAT AUTO-SCHEDULING IS AN AUTOMATED FEATURE AND THAT COMPANY DOES NOT GUARANTEE THAT SCHEDULED TIMES WILL PRODUCE OPTIMAL ENGAGEMENT, VISIBILITY, OR BUSINESS RESULTS. The Service includes a 60-second caption auto-select feature: when the system presents AI-generated caption options to the Client via WhatsApp, if no selection is made within 60 seconds, the system automatically selects the first caption option and proceeds to publish. BY USING THE SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND CONSENT TO THIS AUTO-SELECT BEHAVIOR AS A PRODUCT FEATURE YOU ARE OPTING INTO. COMPANY IS NOT LIABLE FOR: (A) content auto-selected and published because you did not respond within the 60-second window; (B) posts published during periods when you were unavailable to review; (C) content you would have rejected had you been present to review; (D) any business or reputational consequences of auto-published content. If you do not wish to use the auto-select feature, you may disable it by contacting support or texting "PAUSE" via WhatsApp. Disabling auto-select may reduce posting frequency.
9. Image Sourcing & Usage Rights
The Service sources images from multiple channels including: (1) photos you upload or send via WhatsApp; (2) AI-generated images via DALL-E 3; (3) Google Places photos associated with your business listing; (4) stock photo APIs including Unsplash and Pexels under their respective licenses. You represent and warrant that all photos you send or upload are either owned by you or that you have the necessary licenses, rights, consents, and permissions to use them and to authorize COMPANY to use them on your behalf. WITH RESPECT TO COMPANY-SOURCED IMAGES: (A) Google Places photos: You acknowledge that Google Places photos may be subject to Google's Terms of Service and that their use may be limited. COMPANY DOES NOT WARRANT THAT USE OF GOOGLE PLACES PHOTOS FALLS WITHIN ALL APPLICABLE USAGE RESTRICTIONS; (B) Stock photos: Images from Unsplash and Pexels are used under their respective free licenses. COMPANY DOES NOT WARRANT THAT THESE IMAGES ARE NOT ASSOCIATED WITH COMPETITOR BRANDS OR HAVE NOT BEEN USED IN SIMILAR MARKETING MATERIALS; (C) AI-generated images: COMPANY DOES NOT WARRANT THAT AI-GENERATED IMAGES ARE FREE FROM COPYRIGHT INFRINGEMENT CLAIMS, RIGHT-OF-PUBLICITY CLAIMS, OR THAT THEY DO NOT RESEMBLE EXISTING COPYRIGHTED WORKS; (D) Images containing minors: The Service attempts to avoid content featuring individuals who appear to be minors, but COMPANY CANNOT GUARANTEE THE COMPLETE ABSENCE OF SUCH CONTENT IN AI-GENERATED OR STOCK IMAGES; (E) Wrong image posting: In the event of a technical error causing the wrong image to be published to the wrong profile, your sole remedy is prompt removal upon notice; COMPANY IS NOT LIABLE FOR ANY CONSEQUENCE OF SUCH AN ERROR. YOU ASSUME ALL RISK ASSOCIATED WITH IMAGE CONTENT PUBLISHED UNDER YOUR PROFILE.
10. WhatsApp Communications
The Service uses WhatsApp Business, powered by Twilio, to communicate with you. By providing your WhatsApp number and using the Service, you expressly consent to receive automated messages including: post approval requests, caption options, reminders, service alerts, billing notifications, and marketing messages related to the Service. You acknowledge that: (A) WhatsApp messages may be delivered to the wrong number due to input error or system malfunction; NOTIFY US IMMEDIATELY IF YOU RECEIVE MESSAGES NOT INTENDED FOR YOU; (B) Message delivery is not guaranteed; Twilio or Meta WhatsApp outages may prevent delivery; COMPANY IS NOT LIABLE FOR CONSEQUENCES OF FAILED MESSAGE DELIVERY, INCLUDING MISSED APPROVAL WINDOWS; (C) WhatsApp Business account suspension by Meta would disrupt service delivery; COMPANY IS NOT LIABLE FOR SERVICE INTERRUPTIONS CAUSED BY META'S ACTIONS; (D) Automated reminder messages are a feature of the Service, not harassment; by consenting to these Terms you consent to their receipt; (E) Your WhatsApp number is shared with Twilio as a sub-processor; see Privacy Policy for details; (F) WhatsApp conversations may be stored in COMPANY systems for service continuity; they will not be shared with third parties except as required by law or described in the Privacy Policy; (G) Any content you send via WhatsApp including photos, text, or instructions that gets published is your sole responsibility; COMPANY IS NOT LIABLE FOR PUBLICATION OF CONTENT INITIATED BY YOU VIA WHATSAPP. To opt out of WhatsApp communications, you must cancel your subscription, as WhatsApp messaging is integral to the Service delivery.
11. Google Business Profile; Google Platform Risks
You authorize the Service to access, create posts, update business information, respond to reviews, and otherwise manage your Google Business Profile as configured, using credentials and authorizations you provide. You remain the sole owner and legal operator of your Google Business Profile. COMPANY IS NOT AFFILIATED WITH, ENDORSED BY, OR IN ANY WAY SPONSORED BY GOOGLE LLC OR ITS AFFILIATES. "GOOGLE BUSINESS PROFILE" IS A TRADEMARK OF GOOGLE LLC. YOU EXPRESSLY ACKNOWLEDGE AND ACCEPT THE FOLLOWING GOOGLE PLATFORM RISKS, FOR WHICH COMPANY BEARS ZERO LIABILITY: (A) Google may suspend, restrict, modify, or permanently remove your Business Profile listing at any time, for any reason, with or without notice, including as a result of automated posting activity; (B) Google may change its API terms, quotas, access rules, or policies at any time, rendering the Service unable to post or manage your profile; (C) Google may revoke API access, disabling the Service entirely; (D) Google may reject individual posts without explanation; (E) Google may flag content as spam or policy-violating, including content generated by the Service; (F) Google may penalize your listing for posting frequency, including frequency determined by the Service's auto-scheduling algorithm; (G) Google may change how Business Profile posts appear in search results, including reducing their visibility; (H) Google or third-party errors may corrupt or lose business profile data; (I) Google may modify your business information without your consent; (J) You may lose ownership of or access to your Google Business Profile independently of the Service; (K) If your Google Business Profile was already suspended or restricted prior to enrollment, the Service cannot and does not guarantee restoration; entering service with a suspended profile is your sole risk; (L) Changes to your listing's search ranking — positive or negative — are a function of Google's proprietary algorithms, not COMPANY; COMPANY MAKES NO GUARANTEE OF RANKING PRESERVATION OR IMPROVEMENT. COMPANY'S TOTAL LIABILITY FOR ANY AND ALL GOOGLE-RELATED CLAIMS IS CAPPED AT THE MAXIMUM DESCRIBED IN SECTION 16.
12. Intellectual Property
GMBX, the GMBX logo, gmbx.ai, and all related service marks, trade names, and branding are proprietary to COMPANY. You are granted no license to use COMPANY's intellectual property. With respect to content: (A) Content you upload (photos, text, business information) remains your intellectual property. By uploading, you grant COMPANY a worldwide, royalty-free, non-exclusive license to use, reproduce, and publish such content solely to provide the Service; (B) AI-generated captions: COMPANY does not claim ownership of AI-generated captions published to your profile. However, COMPANY DOES NOT WARRANT THAT AI-GENERATED CAPTIONS DO NOT INFRINGE ON THIRD-PARTY RIGHTS; (C) AI-generated images: Ownership of AI-generated images is subject to the terms of the underlying AI provider (OpenAI/DALL-E 3). By using the Service, you accept the applicable terms of OpenAI's usage policies; (D) You are responsible for ensuring that all content you upload does not infringe on third-party copyrights, trademarks, trade secrets, privacy rights, or any other intellectual property rights; (E) COMPANY will respond to valid DMCA takedown notices in accordance with applicable law; (F) By using the Service, you acknowledge that your content and posting strategy may be processed by AI sub-processors (OpenAI) and that some AI providers use data to improve their models subject to their own terms; COMPANY is not responsible for OpenAI's data use policies.
13. Data Processing & Privacy
COMPANY processes personal data and business data as described in the Privacy Policy at gmbx.ai/privacy, incorporated herein by reference. You acknowledge and agree that: (A) COMPANY operates from Israel and data may be processed on servers located in the United States and the European Union; (B) Data is shared with sub-processors including OpenAI (caption/image generation), Twilio (WhatsApp messaging), Stripe (payments), Supabase (database), and Google (API access); (C) COMPANY implements industry-standard security measures but CANNOT GUARANTEE ABSOLUTE SECURITY. IN THE EVENT OF A DATA BREACH, LIABILITY IS LIMITED AS SET FORTH IN SECTION 16; (D) Client's photos, business name, business type, location, WhatsApp number, and posting history are stored for service delivery purposes; (E) WhatsApp conversation history is stored for service continuity and may be reviewed by COMPANY support staff; (F) In the event of a sub-processor breach (e.g., OpenAI, Supabase, Twilio), COMPANY'S LIABILITY IS LIMITED TO THE MAXIMUM SET FORTH IN SECTION 16; (G) Client may request data deletion per the Privacy Policy; COMPANY will use commercially reasonable efforts to fulfill deletion requests within 30 days, subject to legal retention obligations; (H) Cross-border data transfers from Israel to the US and EU are made under appropriate legal mechanisms as described in the Privacy Policy; (I) In the event COMPANY ceases operations, COMPANY will provide reasonable notice and export options, but CANNOT GUARANTEE DATA PRESERVATION BEYOND 30 DAYS OF CEASING OPERATIONS.
14. International Users
The Service is available globally. By using the Service, international users acknowledge: EUROPEAN UNION / EEA USERS (GDPR): You have rights including access, rectification, erasure, portability, and objection. Our legal basis for processing is contract performance and legitimate interest. You may lodge complaints with your national supervisory authority. COMPANY acts as data controller; sub-processors are data processors under separate agreements. See Privacy Policy for DPA details. CALIFORNIA USERS (CCPA/CPRA): You have rights including the right to know, delete, correct, and opt out of the sale of personal information. COMPANY does not sell personal information. For CCPA requests, see gmbx.ai/do-not-sell. ISRAEL USERS (Privacy Protection Law 5741-1981): COMPANY complies with Israeli privacy law including requirements for registered databases where applicable. ALL USERS: You are responsible for ensuring that your use of the Service complies with all local laws, regulations, and industry standards applicable in your jurisdiction, including advertising regulations, data protection laws, and sector-specific rules. COMPANY DOES NOT WARRANT THAT THE SERVICE IS COMPLIANT WITH ALL LAWS IN ALL JURISDICTIONS.
15. No Warranties; "As Is" Service
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION: (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (B) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (D) THAT AI-GENERATED CONTENT WILL BE ACCURATE, COMPLETE, LEGALLY COMPLIANT, OR FREE FROM ERRORS OR OMISSIONS; (E) THAT AI-GENERATED IMAGES WILL BE FREE FROM COPYRIGHT INFRINGEMENT CLAIMS OR RIGHT-OF-PUBLICITY CLAIMS; (F) THAT THE SERVICE WILL PRODUCE ANY SPECIFIC GOOGLE RANKING, VISIBILITY, LEADS, CUSTOMERS, OR REVENUE; (G) THAT GOOGLE WILL NOT SUSPEND, RESTRICT, OR REMOVE YOUR BUSINESS LISTING; (H) THAT WHATSAPP MESSAGES WILL BE DELIVERED; (I) THAT CONTENT WILL NOT TRIGGER GOOGLE'S SPAM OR POLICY FILTERS; (J) THAT AUTO-SCHEDULED POSTING TIMES WILL MAXIMIZE ENGAGEMENT. YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY: (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; (B) LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS; (C) BUSINESS INTERRUPTION OR LOSS OF USE; (D) COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (E) DAMAGES FROM GOOGLE SUSPENDING, MODIFYING, RESTRICTING, OR REMOVING YOUR BUSINESS LISTING; (F) DAMAGES FROM AI-GENERATED CONTENT ERRORS, INACCURACIES, HALLUCINATIONS, DEFAMATORY STATEMENTS, OR COPYRIGHT INFRINGEMENT; (G) DAMAGES FROM AI-GENERATED IMAGES INCLUDING COPYRIGHT CLAIMS, RIGHT-OF-PUBLICITY CLAIMS, OR IMAGE QUALITY ISSUES; (H) DAMAGES FROM UNAUTHORIZED ACCOUNT ACCESS OR DATA BREACHES; (I) DAMAGES FROM THIRD-PARTY SERVICE FAILURES INCLUDING GOOGLE, TWILIO, STRIPE, OPENAI, SUPABASE, OR ANY OTHER PROVIDER; (J) DAMAGES FROM WHATSAPP MESSAGE DELIVERY FAILURES OR INCORRECT DELIVERY; (K) DAMAGES FROM AUTO-PUBLISHED CONTENT OR THE 60-SECOND AUTO-SELECT FEATURE; (L) DAMAGES FROM WRONG CONTENT POSTED TO WRONG PROFILES; (M) DAMAGES FROM AUTO-SCHEDULING TIMING DECISIONS; (N) DAMAGES ARISING FROM REGULATORY ACTIONS TAKEN AGAINST YOUR BUSINESS BASED ON AI-GENERATED CONTENT; (O) DAMAGES FROM BRAND REPUTATION HARM, NEGATIVE REVIEWS, OR CUSTOMER LOSS ATTRIBUTABLE TO AI CONTENT; (P) DAMAGES FROM SERVICE OUTAGES DURING CRITICAL BUSINESS PERIODS; (Q) DAMAGES FROM DUPLICATE POSTS OR TECHNICAL PUBLISHING ERRORS; (R) DAMAGES FROM SERVICE CONTINUATION OR CESSATION ERRORS AROUND CANCELLATION; (S) DAMAGES FROM COMPANY CEASING OPERATIONS AND ASSOCIATED DATA LOSS; (T) DAMAGES FROM IMAGE SOURCING, WHETHER FROM GOOGLE PLACES, STOCK APIS, OR AI GENERATION; REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), REGARDLESS OF WHETHER COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE LESSER OF: (I) THE TOTAL FEES ACTUALLY PAID BY YOU TO COMPANY DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (II) ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BARGAIN BETWEEN YOU AND COMPANY. THE SERVICE WOULD NOT BE OFFERED AT THESE PRICES WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIABILITY EXCLUSIONS; IN SUCH JURISDICTIONS, COMPANY'S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
17. Indemnification
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS (COLLECTIVELY, "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, LOSSES, DAMAGES, LIABILITIES, JUDGMENTS, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING FROM OR RELATED TO: (A) YOUR USE OR MISUSE OF THE SERVICE; (B) YOUR VIOLATION OF THESE TERMS; (C) YOUR VIOLATION OF ANY APPLICABLE LAW OR REGULATION, INCLUDING ADVERTISING REGULATIONS, DATA PROTECTION LAWS, OR INDUSTRY-SPECIFIC RULES; (D) CONTENT YOU UPLOAD, SUBMIT, OR APPROVE FOR PUBLICATION; (E) CONTENT AUTO-PUBLISHED VIA THE 60-SECOND AUTO-SELECT FEATURE WHEN YOU FAILED TO RESPOND; (F) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING INTELLECTUAL PROPERTY RIGHTS, PRIVACY RIGHTS, OR PUBLICITY RIGHTS; (G) ANY DISPUTE BETWEEN YOU AND YOUR CUSTOMERS OR ANY THIRD PARTY RELATED TO CONTENT PUBLISHED THROUGH THE SERVICE; (H) YOUR FAILURE TO COMPLY WITH GOOGLE'S TERMS OF SERVICE, POLICIES, OR GUIDELINES; (I) YOUR FAILURE TO COMPLY WITH META'S WHATSAPP TERMS OF SERVICE; (J) YOUR USE OF THE SERVICE TO MANAGE A BUSINESS PROFILE YOU DO NOT OWN OR ARE NOT AUTHORIZED TO MANAGE; (K) FRAUDULENT, MISLEADING, OR INACCURATE BUSINESS INFORMATION YOU PROVIDED; (L) CLAIMS ARISING FROM AI CONTENT PUBLISHED UNDER YOUR PROFILE THAT YOU CHOSE NOT TO REVIEW; (M) REGULATORY INVESTIGATIONS OR ACTIONS AGAINST YOUR BUSINESS ARISING FROM CONTENT PUBLISHED VIA THE SERVICE; (N) ACTIONS TAKEN BY TEAM MEMBERS YOU INVITED OR AUTHORIZED; (O) ANY CLAIM THAT CONTENT PUBLISHED VIA THE SERVICE DEFAMES, INFRINGES, OR OTHERWISE HARMS A THIRD PARTY. THIS INDEMNIFICATION OBLIGATION SURVIVES TERMINATION OF THESE TERMS AND YOUR USE OF THE SERVICE.
18. Acceptable Use
You shall not: use the Service for any unlawful purpose; upload content that violates Google's policies, Meta's policies, or any applicable law; create or distribute fake reviews; create misleading or fraudulent business information; use the Service to manage a business you do not own or have authority over; attempt to manipulate search rankings through deceptive practices; share account credentials with unauthorized parties; reverse-engineer or decompile any part of the Service; use the Service to harm competitors through false or defamatory content; upload pornographic, hateful, violent, or otherwise illegal content; use the Service in any manner that could damage COMPANY's reputation or relationships with third-party providers including Google, Meta, OpenAI, Twilio, or Stripe; exceed reasonable usage limits or abuse system resources. Violation of this section may result in immediate account termination without notice and without refund, and may be reported to relevant authorities.
19. Multi-User Access
Account owners may invite team members. The account owner is fully and solely responsible for all actions taken by all invited team members, including but not limited to posts published, profile changes, billing decisions, content uploads, and business information modifications. COMPANY IS NOT LIABLE FOR ANY UNAUTHORIZED OR HARMFUL ACTIONS BY TEAM MEMBERS YOU AUTHORIZED.
20. Dispute Resolution & Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT WAIVES YOUR RIGHTS TO JURY TRIAL AND CLASS ACTION. BINDING ARBITRATION: Any dispute, controversy, or claim arising out of or relating to these Terms, the Service, or the relationship between you and COMPANY shall be resolved exclusively through final and binding individual arbitration administered by JAMS (Judicial Arbitration and Mediation Services) under the JAMS Streamlined Arbitration Rules and Procedures, conducted in the State of California, United States. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. PRE-ARBITRATION NOTICE: Before initiating arbitration, you must send written notice to support@gmbx.ai describing the dispute and desired resolution. COMPANY will have 30 days to attempt resolution. If unresolved, either party may initiate arbitration. ARBITRATION OPT-OUT: You may opt out of this arbitration agreement by sending written notice to support@gmbx.ai within 30 days of first accepting these Terms. Opt-out must include your name, WhatsApp number, and a clear statement that you are opting out of arbitration. Opting out does not affect any other provision of these Terms. CLASS ACTION WAIVER: YOU AND COMPANY EACH AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN YOUR OR ITS INDIVIDUAL CAPACITY. NEITHER YOU NOR COMPANY MAY BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. JURY TRIAL WAIVER: YOU AND COMPANY HEREBY IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE. COSTS: Each party shall bear its own attorneys' fees and arbitration costs unless the arbitrator determines that a claim was frivolous, in which case the filing party shall bear all costs.
21. Governing Law
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 proceedings not subject to arbitration shall be brought exclusively in the state or federal courts located in California. Nothing in this section limits the rights of users in jurisdictions where mandatory local law applies, including EU consumer protection law.
22. Force Majeure
COMPANY shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, fire, flood, earthquake, epidemics, pandemics, acts of war, terrorism, civil unrest, government actions, embargoes, sanctions, strikes, labor disputes, internet or telecommunications infrastructure failures, power outages, cyberattacks, ransomware, distributed denial-of-service attacks, third-party service failures or outages (including Google, Meta/WhatsApp, Twilio, Stripe, OpenAI, Supabase), Google platform changes, API deprecations or modifications, AI model changes, updates or discontinuation by any AI provider, Meta/WhatsApp policy changes, or any other event beyond COMPANY's reasonable control.
23. Modifications to Terms
COMPANY reserves the right to modify these Terms at any time. Material changes will be communicated via WhatsApp message or dashboard notification at least fourteen (14) days in advance of the effective date. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms. If you do not agree with modified Terms, your sole remedy is to cancel your subscription before the changes take effect.
24. Severability
If any provision of these Terms is held invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable while preserving its original intent. All remaining provisions continue in full force and effect. If the class action waiver in Section 20 is found unenforceable, the entire arbitration agreement in Section 20 shall be null and void.
25. Entire Agreement; Waiver
These Terms, together with the Privacy Policy, any Data Processing Agreement (DPA), and any Subscription Documentation provided at checkout, constitute the entire agreement between you and COMPANY regarding the Service. They supersede all prior agreements, representations, communications, and understandings, whether oral or written. No waiver by COMPANY of any breach or default shall be deemed a waiver of any subsequent breach or default. No waiver is effective unless in writing signed by COMPANY.
26. Assignment
You may not assign or transfer these Terms or any rights hereunder without COMPANY's prior written consent. COMPANY may assign these Terms and delegate its obligations without restriction, including in connection with a merger, acquisition, or sale of assets. Subject to the foregoing, these Terms bind and inure to the benefit of the parties and their respective successors and permitted assigns.
27. Contact
For questions about these Terms, dispute notices, DMCA notices, or arbitration opt-out requests, contact us at support@gmbx.ai. GMBX · gmbx.ai · support@gmbx.ai