Terms of Service

Last updated: November 13, 2024

These Terms of Service constitute a legally binding agreement between you and Fred Pope governing your use of our services, information, contents and tools, mobile application (the "App"), and website (the "Site" and collectively with the foregoing, the "Services").

YOU ACKNOWLEDGE AND AGREE THAT USING THE APP ON YOUR MOBILE DEVICE, VISITING THE SITE, ACCESSING OR USING THE SERVICES, INCLUDING THE AI FUNCTIONS (AS DEFINED BELOW) THAT ARE PART OF THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED VIA THE SITE OR THE APP. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES. We have no direct relationship with your end users and representatives ("End Users") or any person other than you. You agree to maintain binding terms of service governing your End Users' use of the Services that are consistent in all material respects with these Terms of Service.

These Terms of Service are effective as of the date you first use or access the Services, whichever is earlier. If you accept or agree to these Terms of Service on behalf of your employer or another legal entity, you represent and warrant that (i) you have full legal authority to bind your employer or such entity to these Terms of Service; (ii) you have read and understand these Terms of Service; and (iii) you agree to these Terms of Service on behalf of the party that you represent. In such event, "you" and "your" will refer and apply to your employer or such other legal entity.

Any personal data that you submit to us or that we collect about you is governed by our Privacy Policy ("Privacy Policy"), available at https://fredpope.com/policies/privacy. You acknowledge that by using the Services, you have reviewed the Privacy Policy. The Privacy Policy is incorporated by reference into these Terms of Service and together form and are hereinafter referred to as this "Agreement."

PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN YOU AND FRED POPE CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 15). PLEASE READ CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION.

Our Services

We provide a platform that provides access to our AI Functions ("Services") that are accessible via the Site and the App, which are provided by Fred Pope.

If you use our Services, you're doing so through Fred Pope, and such use is subject to this Agreement.

By providing your phone number and email address and by using the Services, you hereby affirmatively consent to Fred Pope's use of your phone number for calls and recurring texts (including with an autodialer and/or prerecorded voice) and your email address in order to (i) perform and improve upon the Services, (ii) facilitate the carrying out of our Services, and (iii) provide you with information and reminders regarding your registration, changes and updates, service outages, or alterations. These calls and texts may include, among other things, push notifications and other reminders delivered through our App. Fred Pope will not assess any charges for calls or texts, but standard message, data or other charges from your wireless carrier may apply. You may opt-out of receiving calls, texts or messages from us by modifying your Account settings on the Site or the App, texting "STOP" in response to any texts, or by emailing optout@fredpope.com and specifying that you want to opt out of texts. You may opt out of receiving calls from us by stating that you no longer wish to receive calls or messages from us during any call with us, or by visiting https://privacy.fredpope.com/opt-out-comms and specifying you want to opt-out of calls or messages. You understand that we may send you a message confirming any opt-out by you.

AI Functions and User Content

"AI Functions" is defined as features and capabilities offered as part of the Services that utilize artificial intelligence, machine learning or similar technologies developed by Fred Pope and/or Fred Pope's third-party providers. Fred Pope and its licensors exclusively own all right, title, and interest in and to the Al Functions, including all associated intellectual property rights.

"User Content" is defined as any content, information, and materials that may be textual, audio, or visual that you or any of your End Users provide, submit or upload to the Services for use with AI Functions. When you provide User Content for use with Al Functions, you will receive output generated and returned by the Al Functions ("Output," and together with User Content, "Al Content").

You are solely responsible for your User Content, including compliance with applicable laws and the Agreement. To the extent that any User Content contains personal data of any individuals, you are responsible for making sure that that you have the appropriate permission and legal basis for us to collect and process information about those individuals. You authorize Fred Pope and its third-party providers to process your User Content to provide you with the Al Functions. You agree that Fred Pope may use subprocessors to provide the AI Functions to you. You acknowledge and agree that Fred Pope:

Is not involved in the creation or development of User Content.

Disclaims any responsibility for User Content or any personal data included in User Content.

Cannot be liable for claims arising out of or relating to User Content, including any personal data included in User Content.

Is not obligated to monitor, review, or remove User Content, but reserves the right to limit or remove User Content on the Services at its sole discretion.

You hereby represent and warrant to Fred Pope that your User Content (i) will not be false, inaccurate, incomplete or misleading; (ii) will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity, personality or privacy; (iii) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising, anti-spam or privacy); (iv) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (v) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (vi) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (vii) will not represent you being employed or directly engaged by or affiliated with Fred Pope or purport that you are authorized to act as a representative or agent of Fred Pope; and (viii) will not create liability for Fred Pope or cause Fred Pope to lose (in whole or in part) the services of its ISPs or other suppliers.

Payment Terms

If you purchase any Services from Fred Pope, you agree to pay all applicable fees and charges as set forth in the applicable order form or other agreement between you and Fred Pope. All fees and charges are non-refundable, except as otherwise provided in these Terms of Service. You are responsible for paying all applicable taxes and government charges relating to your purchase of the Services. You must provide a valid credit card or other payment method accepted by Fred Pope to pay for the Services. By providing a credit card or other payment method accepted by Fred Pope, you represent and warrant that you are authorized to use the credit card or other payment method and that billing information is accurate. You are responsible for all charges incurred under your Account, including applicable taxes and purchases made by you or anyone you allow to use your Account or any other person who gains access to your Account as a result of your failure to use reasonable security precautions. You agree to notify Fred Pope promptly of any changes to your credit card account or other payment method, including without limitation any changes to your billing address or expiration date. Fred Pope may change its fees and charges for the Services at any time, and such changes will be effective immediately upon posting on the Site or in the App.

License Grant and Restrictions

Subject to these Terms of Service, Fred Pope grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Services solely for your internal business purposes. You may not use the Services for any other purpose without the prior written consent of Fred Pope. You may not, and may not permit any third party to, (i) copy, reproduce, modify, or create derivative works of the Services; (ii) distribute, sublicense, assign, or transfer the Services to any third party; (iii) reverse engineer, decompile, or disassemble the Services; (iv) use the Services to provide services to third parties; or (v) use the Services in any way that could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Services or any Output from the AI Functions:

for any unlawful purpose;

to conduct any unlawful acts or solicit others to perform or participate in any unlawful acts;

to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

to use the Services for any purpose or in any manner that infringes upon or violates the rights, including but not limited to intellectual property rights, of us or any third party;

to harass, abuse, insult, harm, defame, slander, stalk, threaten, disparage, intimidate, discriminate in any way, including, but not limited to, discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, or otherwise violate the legal rights (such as of privacy or publicity) of any other users of the Services or Fred Pope's employees, affiliates, or partners or the employees, affiliates, or partners of any other platform or integration with which Fred Pope does business;

to submit false or misleading information;

to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet;

for any obscene or immoral purpose;

to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet;

to interfere with or carry out any activity that threatens the performance, security, or proper functioning of the Services;

to attempt to compromise the system integrity or security or decipher any transmissions to or from the servers running the Services;

to attempt to access unauthorized Accounts or to collect or track the personal information of others;

to abuse any trial offerings with respect to the Services;

to abuse any rebate offerings with respect to the Services;

in any way that violates the policies of any other platform or integration with which Fred Pope does business;

to copy, distribute, or disclose any part of the Services in any medium other than as allowed by the Services and these Terms of Service;

to use any automated system (other than any functionalities of the Services), including without limitation "robots," "spiders," "offline readers," etc., to access the Services;

to transmit spam, chain letters, or other unsolicited email or attempt to phish, pharm, pretext, spider, crawl, or scrape;

to impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide, or attempt to hide your identity;

to attempt to decipher, decompile, disassemble, or reverse engineer any of the software or algorithms used to provide the Services;

to develop any artificial intelligence or machine learning models that compete with Fred Pope or the AI Functions or develop any internal models intended to replace your use of Fred Pope's Services;

to mislead any person that Output from the Services was solely human-generated;

in a manner that violates any technical documentation, usage guidelines, or parameters;

to make automated decisions that may have a detrimental impact on individual rights without appropriate human supervision; or

to encourage or enable any other individual to do any of the foregoing.

We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

Termination and Suspension

Unless otherwise agreed to in writing between you and Fred Pope, either party may terminate these Terms of Service for any or no cause, at any time. You may cancel and delete your Account at any time by either using the features on the Services to do so or by written notice to cancel@fredpope.com. After cancellation, you will no longer have access to your Account, your profile or any other information through the Services. The provisions of these Terms of Service that by their content or meaning are intended to survive such termination, including without limitation the provisions relating to disclaimer of warranties, limitations of liability, and indemnification, shall survive any termination of these Terms of Service and any termination of your use of or subscription to the Services and shall continue to apply indefinitely.

We reserve the right to refuse the Services to anyone for any reason at any time. Fred Pope may terminate or limit your right to use the Services in the event that we are investigating or believe that you have breached any provision of this Agreement without any notice. If Fred Pope terminates or limits your right to use the Services pursuant to this section, you are prohibited from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

Even after your right to use the Services is terminated or limited, this Agreement will remain enforceable against you. Fred Pope reserves the right to take appropriate legal action, including but not limited to pursuing arbitration in accordance with Section 16 of these Terms of Service.

Intellectual Property Rights

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, trademarks, logos, typefaces and other content (collectively "Proprietary Material") is owned by Fred Pope. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Fred Pope owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws governing copyright, patents, and other proprietary rights. You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Services without Fred Pope's express prior written consent.

The service marks and trademarks of Fred Pope, including without limitation Fred Pope logos, are service marks owned by Fred Pope. Any other trademarks, service marks, logos and/or trade names appearing via the Services are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

Links to Third-Party Websites

The Services may contain links to third-party websites. Such links do not constitute endorsement by Fred Pope or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the Services as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. Fred Pope does not control any such websites and is not responsible for their availability or accuracy, or content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites.

You acknowledge and agree that Fred Pope is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that Fred Pope has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the Services at its sole discretion.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Fred Pope MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Fred Pope MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES.

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT Fred Pope SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Fred Pope HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES.

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in the state or federal courts located in San Francisco County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Changes to Terms of Service

Fred Pope reserves the right to modify these Terms of Service at any time. We will notify you of any changes by posting the new Terms of Service on this page and updating the "Last updated" date at the top of this Terms of Service. You are advised to review this Terms of Service periodically for any changes. Changes to this Terms of Service are effective when they are posted on this page. Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes.