Effective Date: September 14, 2025

Last Updated: September 14, 2025

These Terms and Conditions (“Terms”) form a binding agreement between EffortlessAI, LLC, a North Carolina limited liability company with its principal place of business at 81 Broadway St., Asheville, NC 28801 (“EffortlessAI,” “Company,” “we,” “our,” or “us”), and the individual or entity accessing or using our websites, applications, APIs, and AI-powered services (collectively, the “Service”). By accessing or using the Service, you (“User,” “you,” or “your”) agree to be bound by these Terms. If you do not agree, you must not use the Service.

Definitions
“Aggregated Data” means data that does not identify a natural person and is derived from or created using the Service.
“Applicable Laws” means all laws, regulations, and codes applicable to a party’s performance under these Terms.
“Beta Features” means features of the Service clearly designated as “beta,” “preview,” “experimental,” or similar.
“Documentation” means the online documentation and usage guides provided by EffortlessAI.
“Order Form” means an ordering document or online signup flow that sets forth the Services purchased.
“Outputs” means results, responses, or other content generated by the Service in response to User Content.
“Sensitive Personal Data” means data requiring a higher level of protection under Applicable Laws (e.g., racial or ethnic origin, political opinions, religious beliefs, trade union membership, genetic or biometric data, health data, sexual orientation, or precise geolocation).
“Sub-processor” means any third party engaged by EffortlessAI to process Personal Data on Customer’s behalf.
“Usage Data” means aggregated technical and performance data about Customer’s use of the Service.
“User Content” means prompts, inputs, or data submitted by Customer or its users to the Service.

1. Eligibility; Account Registration

1.1 Eligibility. You represent that you are at least eighteen (18) years old (or the age of majority in your jurisdiction, if higher) and have the legal capacity to enter into these Terms.

1.2 Account Registration. To access certain features you may be required to create an account. You agree to provide accurate, complete, and current information and to keep it updated. Accounts are personal to you and may not be assigned or transferred without our prior written consent.

1.3 Account Security. You are solely responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account. You will promptly notify EffortlessAI of any suspected unauthorized access or security incident.

2. The Service; Changes; Beta Features

2.1 Description. EffortlessAI provides AI-powered tools and APIs that generate, analyze, and automate content and workflows using machine learning models. Outputs are probabilistic and may contain errors or bias.

2.2 Changes. We may modify, suspend, or discontinue any part of the Service at any time. Where required by law or contract, we will provide reasonable notice.

2.3 Beta/Trial. Certain features may be labeled alpha, beta, preview, or evaluation. Such features are provided “AS IS,” may be subject to additional terms, and may be withdrawn at any time.

2A. Fees & Billing – Subscriptions; Trials; Taxes; Refunds
(a) Fees. You agree to pay the fees set forth in the applicable order or online plan. Usage-based fees are calculated monthly from metered consumption.
(b) Automatic Renewal. PAID PLANS RENEW AUTOMATICALLY for successive terms UNTIL CANCELED. We will disclose renewal terms, pricing, and how to cancel in a clear and conspicuous manner at sign-up and before charges. You may cancel at any time as described in Section 2A(f).
(c) Free Trials / Promotions. If not canceled before the trial ends, the plan converts to a paid subscription at the then-current rate disclosed at sign-up. We will send advance notice as required by law.
(d) Taxes. Fees are exclusive of taxes; you are responsible for applicable sales, use, VAT, GST, and similar taxes.
(e) Chargebacks. You authorize us to dispute chargebacks with documentation of your acceptance and use. Unresolved chargebacks may result in suspension.
(f) Easy Cancel. You may cancel at any time via Account → Billing → Cancel Subscription or by emailing info@effortlessai.com. Online cancellation will take effect immediately for future renewals and we will send a confirmation of cancellation at no charge. Cancellations are effective at the end of the then-current term; no pro-rata refunds are issued unless required by law.
(g) Price Changes. We may change prices with at least thirty (30) days’ notice before the next renewal; continued use after the effective date constitutes acceptance.

2B. API Lifecycle & Deprecation
We may modify or deprecate APIs. For materially backward-incompatible changes, we will provide at least 90 days’ notice and maintain prior versions during the notice period, subject to security or legal exigencies.

2C. Term; Suspension; Termination
(a) Suspension. We may suspend the Service immediately if: (i) fees are overdue; (ii) we reasonably suspect unlawful activity or material breach of the Acceptable Use Policy; (iii) continued access presents a security risk to the Service or third parties; or (iv) we are required by law or governmental request.
(b) Termination for Cause. Either party may terminate these Terms for uncured material breach on thirty (30) days’ written notice.
(c) Effect. Upon termination, your access to the Service will end; all unpaid fees will become due; we will delete or return Customer Data as described in the Privacy Policy and Data Processing Agreement; and Sections 3–5, 7–17, 19–21 shall survive.

2D. Third-Party Services
The Service may interoperate with third-party platforms (including but not limited to CRM systems, telephony providers, and model providers). Your use of such third-party services is governed by their own terms, which are solely between you and the third party. EffortlessAI is not responsible for third-party acts, omissions, or outages.

3. Acceptable Use; Restrictions

3.1 Lawful Use. You will use the Service only for lawful purposes and in accordance with these Terms and all applicable laws.

3.2 Prohibited Conduct. You shall not: (a) submit, store, or process illegal content; (b) violate others’ rights; (c) interfere with or disrupt the Service; (d) access the Service via automated means (scrapers, bots) except through documented APIs; (e) copy, disassemble, decompile, reverse engineer, extract, or attempt to derive the source code, models, training data, or underlying algorithms; (f) benchmark, publish, or disclose performance or security tests without our prior written consent; (g) use outputs to train or improve competing models; (h) circumvent rate limits; (i) use the Service for generating spam, malware, or harmful code. (j) generate or disseminate content purporting to be a real person without disclosure (synthetic/deepfake content), or that manipulates electoral processes or public policy (“political persuasion”) without clear labeling;
(k) perform or facilitate biometric identification or emotion recognition of individuals;
(l) conduct social scoring of natural persons;
(m) attempt to derive or infer sensitive attributes about individuals from outputs;
(n) use any automated means to extract, harvest, or compile outputs for the purpose of creating, training, or improving any model that competes with the Service.

3.3 Prohibited Data. Unless expressly permitted in a separate written agreement with additional safeguards, you shall not submit or process special categories of personal data or sensitive information (including health, biometric, genetic, precise geolocation, financial account numbers, government identifiers, or data about children).

3.4 Sensitive Data Indemnity. If you submit prohibited sensitive data in violation of this Agreement, EffortlessAI may immediately delete such data, suspend Service, and you shall indemnify and hold EffortlessAI harmless from all resulting claims, damages, and costs.

3.5 Safety-Critical Uses. You may not use the Service in safety-critical or high‑risk environments (including medical diagnosis or treatment, life support, aviation, nuclear facilities, autonomous vehicles, or weapons systems) without our prior written authorization supported by a validated safety case.

4. User Content; Feedback; AI Outputs

4.1 User Content License. You grant EffortlessAI a worldwide, royalty‑free, transferable, sublicensable license to host, store, process, transmit, and use content you submit (“User Content”) to provide and support the Service; to ensure security, abuse prevention, analytics, and compliance; and—unless you have exercised an available opt‑out—to maintain, improve, and develop models.

4.2 Your Responsibilities. You represent and warrant that you have all rights necessary to submit User Content; that User Content is accurate; and that its submission and processing comply with law and do not infringe any third‑party rights.

4.3 Outputs License. Subject to your compliance with these Terms and payment of applicable fees, we grant you a non‑exclusive, worldwide, royalty‑free license to use, reproduce, display, and distribute AI‑generated outputs created for you by the Service.

4.3.1 You are solely responsible for reviewing outputs for accuracy, legality, and third-party rights before use or publication, and for obtaining any necessary licenses, permissions, or notices. EffortlessAI provides no indemnity for claims arising from your use of outputs.

4.4 No IP Warranty on Outputs. Outputs may be similar to content generated for others and may incorporate patterns from training data. We make no representation that outputs are unique or free of third‑party rights; you are solely responsible for any review, clearance, and licensing required for your use.

4.5 Output Rights Waiver. To the maximum extent permitted by law, you agree not to assert, and to cause your affiliates not to assert, any intellectual property claims against EffortlessAI arising from or relating to outputs generated by the Service.

4.6 Feedback. If you provide suggestions or feedback, you grant EffortlessAI a perpetual, irrevocable, worldwide, royalty‑free license to use and exploit such feedback for any purpose without restriction.

5. Intellectual Property Ownership

Except for the limited licenses expressly granted, all rights, title, and interest in and to the Service, software, models, algorithms, documentation, and trademarks are owned by EffortlessAI or its licensors. No other rights are granted by implication or otherwise.

5A. DMCA Notice & Takedown; Repeat Infringers
(a) Designated Agent. EffortlessAI’s DMCA Agent for copyright notices is: DMCA Agent, EffortlessAI, LLC, 81 Broadway St., Suite 201, Asheville, NC 28801; info@effortlessai.com. We maintain our agent registration with the U.S. Copyright Office.
(b) Takedown Notices. To report alleged infringement under 17 U.S.C. §512(c)(3), send a written notice containing all required elements to the DMCA Agent.
(c) Counter-Notice. If we remove content, the subscriber may submit a counter-notification under §512(g); absent court action, we may restore the material after 10–14 business days.
(d) Repeat Infringers. We may terminate accounts of repeat infringers in appropriate circumstances.

5B. Publicity
Unless you opt out by emailing info@effortlessai.com, we may identify you as a customer and display your name and logo on our websites and marketing materials in accordance with your brand guidelines.

6. Privacy; Data Protection; Role Allocation

6.1 Privacy Policy. Our processing of personal data is described in our Privacy Policy, incorporated by reference.

6.2 Roles. For account, billing, and telemetry data we act as controller; for User Content we act as processor under the Data Processing Agreement (DPA).

6.3 Transfers & Sub‑processors. International transfers rely on lawful mechanisms (e.g., EU SCCs; UK IDTA). We maintain a public list of sub‑processors and will provide notice of material changes.

7. Security; AI Risk Management

We implement administrative, technical, and organizational safeguards appropriate to risk, including encryption, access controls, logging, and secure development. Our AI risk management program aligns with the NIST AI RMF and ISO/IEC 42001 principles, including monitoring, red‑teaming, and post‑deployment mitigation.

8. EU AI Act Readiness

We are implementing measures to comply with the EU Artificial Intelligence Act, including transparency, technical documentation, risk management, model evaluations, and, where applicable, training‑data summaries and copyright safeguards for general‑purpose models. We may update usage restrictions to maintain compliance.

9. Availability; SLA; Sole Remedies

We do not warrant uninterrupted or error‑free operation. Outages or degradations due to third‑party providers are SLA exclusions. Your sole and exclusive remedy for unavailability is service credits where expressly provided; such credits cannot exceed fees paid for the affected period.

10. Warranties; Disclaimers; Restricted Advice

THE SERVICE AND ALL OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON‑INFRINGEMENT, ACCURACY, RELIABILITY, AND AVAILABILITY. OUTPUTS ARE INFORMATIONAL ONLY AND DO NOT CONSTITUTE LEGAL, MEDICAL, FINANCIAL, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR ALL CLAIMS IN ANY TWELVE (12) MONTH PERIOD SHALL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO US FOR THE SERVICE DURING THAT PERIOD.

12. Indemnification

You will defend, indemnify, and hold harmless EffortlessAI from and against all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your misuse of the Service; (b) your violation of these Terms; (c) your use or publication of outputs; or (d) your submission of prohibited sensitive data.

13. Government Requests; Export Controls; Sanctions

We disclose data to governmental authorities only as required by law and will challenge unlawful or overbroad demands where legally permissible. You shall not use the Service in violation of U.S. or international export control and sanctions laws (including EAR and OFAC).

13A. U.S. Government Restricted Rights
The Service is “commercial computer software” as defined in applicable federal regulations. U.S. Government end users’ rights are limited by FAR 52.227-19 and DFARS 227.7202 or successor provisions.

14. Dispute Resolution; Arbitration; Class Waiver

14.0 Informal Dispute Resolution. Before filing, a party must send a Notice of Dispute to the other party describing the claim and requested relief. If not resolved within 30 days, either party may commence arbitration.

14.1 Governing Law. These Terms are governed by the laws of the State of North Carolina, without regard to conflict‑of‑laws rules.

14.2 Arbitration. Any dispute arising out of or relating to these Terms or the Service will be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The seat and venue of arbitration shall be Asheville, North Carolina. The arbitration will be conducted in English before a single arbitrator.

14.3 Small Claims; Equitable Relief. Either party may bring an individual action in small claims court for qualifying claims, and may seek temporary or injunctive relief in a court of competent jurisdiction to protect intellectual property or system security.

14.4 Class Action Waiver. Disputes shall be brought only on an individual basis and not as a plaintiff or class member in any purported class, collective, consolidated, or representative action.

14.5 In any set of twenty-five (25) or more substantially similar arbitration demands filed by or with the assistance of the same counsel, the parties shall select ten (10) demands to be filed and arbitrated as bellwethers. All other demands will be tolled. Arbitration fees will be staged and allocated by the arbitrator to avoid undue cost. The outcomes of the bellwether arbitrations will inform good-faith settlement discussions before any remaining demands proceed.

14.6 Opt‑Out. You may opt out of arbitration by sending written notice to info@effortlessai.com within thirty (30) days after the earlier of account creation or first use of the Service. Opt‑out does not affect other Terms.

15. Force Majeure

Neither party will be liable for delay or failure to perform due to events beyond its reasonable control, including natural disasters, acts of government, labor disputes, internet or hosting failures, cyberattacks, or third‑party service outages.

16. Confidentiality

Each party shall protect the other party’s non‑public information with the same degree of care it uses to protect its own similar information, but no less than reasonable care, and shall not use such information except as necessary to perform under these Terms.

17. Severability and Waiver

If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The failure of either party to enforce any provision of these Terms shall not constitute a waiver of that provision or any other.

18. Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, and Data Processing Agreement, constitute the entire agreement between you and EffortlessAI regarding the Service, and supersede all prior or contemporaneous agreements, understandings, or representations.

19. Notices

Notices to EffortlessAI must be sent to info@effortlessai.com and to: EffortlessAI, LLC, 81 Broadway St., Asheville, NC 28801. We may provide notices to you via email to your account email or through the Service.

19A. Electronic Communications
You consent to receive all notices and disclosures electronically, including via email and in-Service messaging, and agree that such communications satisfy any legal requirement that they be in writing.

19B. E-Signatures
Click-through acceptances, electronic signatures, and electronic records are legally binding and admissible. Counterparts and electronic delivery shall be effective.

20. Assignment; Order of Precedence; Survival

You may not assign these Terms without our prior written consent; we may assign to an affiliate or in connection with a merger, acquisition, or sale of assets. If there is a conflict, an executed order form or DPA prevails over these Terms, which prevail over online documentation. Sections intended by their nature to survive termination (including 3–5, 7–17, 19–21) will survive.

21. Changes to Terms

We may revise these Terms from time to time. If changes are material, we will provide reasonable advance notice. Your continued use after the effective date constitutes acceptance.

In addition, EffortlessAI may make modifications as reasonably necessary to reflect changes in Applicable Laws or regulations, including without limitation data protection and artificial intelligence laws. Such modifications shall be effective upon posting, and continued use of the Service constitutes acceptance.

22. Contact

EffortlessAI, LLC — 81 Broadway St., Asheville, NC 28801 • info@effortlessai.com

23. AI Use Disclaimer
    The Service generates outputs using artificial intelligence and machine learning models. Such outputs are probabilistic, may contain inaccuracies or bias, and are provided solely for informational purposes. Outputs are not guaranteed to be accurate, complete, or suitable for reliance in regulated or high-stakes contexts.

You shall not use the Service or its outputs to make decisions relating to employment, credit, housing, insurance, health care, legal matters, or any other regulated activity unless such use is expressly authorized by law and independently reviewed and verified by qualified professionals. EffortlessAI expressly disclaims liability for any damages arising from reliance on outputs in such contexts.

24. Insurance
    EffortlessAI maintains commercially reasonable cyber liability insurance covering data breaches and technology errors. Where the Controller is a business entity, Controller shall maintain its own adequate cyber liability or equivalent insurance coverage and shall provide proof of coverage upon request.

Material changes to Section 14 (Dispute Resolution) will not apply to disputes for which we have actual notice before the effective date. For users who decline such changes within thirty (30) days after notice, the prior dispute resolution terms will govern those existing disputes.