Terms of Service

Account Creation

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

Account Responsibilities

• You are responsible for maintaining account security
• You may not share your account credentials with others
• You must be at least 18 years old or have parental consent
• You may not create accounts for automated or bulk use
• We reserve the right to suspend or terminate accounts that violate these terms

Technology Infrastructure

The Sellers Edge is built on the Appslauncher.ai platform developed and operated by Squared Sigma LLC. All SMS and MMS communications sent by The Sellers Edge are delivered through Squared Sigma's Twilio account, under which The Sellers Edge operates as a registered messaging brand. Twilio, Inc. ("Twilio") is the third-party SMS/MMS delivery provider. By providing your phone number, you acknowledge and consent to your mobile number and message content being transmitted through Twilio's infrastructure for delivery purposes.

Types of Messages We Send

We may send you the following categories of SMS/MMS messages:

• Transactional Notifications: Alerts when AI workflows complete, such as research reports and presentation generation
• Daily Brief Alerts: Notifications that your APEX Daily Brief is ready to view (if you have enabled this feature in your account preferences)
• Account and Security Alerts: Important notices regarding your account, such as password changes, subscription status updates, and security events
• One-Time Passcodes (OTP): Verification codes for account authentication and identity confirmation (when this feature is enabled)

Message Frequency and Rates

• Frequency: Message frequency varies and is based on your account activity, AI workflow usage, and notification preferences. You may receive up to several messages per day during periods of active use.
• Message and Data Rates: Standard message and data rates may apply depending on your mobile carrier and plan. The Sellers Edge does not charge for SMS/MMS messages, but your carrier's standard rates apply.
• MMS Support: Where your carrier supports MMS, messages may include branded images. If your carrier does not support MMS, messages will be delivered as standard SMS.

How to Opt Out

You may opt out of SMS communications at any time using any of the following methods:

• In-App Settings: Navigate to Settings › Profile or Settings › Assistant Mode in your account and disable SMS notifications
• Reply STOP: Reply STOP to any SMS message we send you to opt out of all future messages from that number. You will receive a one-time confirmation that you have been unsubscribed.
• Reply HELP: Reply HELP to any SMS message for help or contact us at [email protected]
• Remove Phone Number: Remove your phone number from your profile settings to discontinue all SMS communications

Mobile Carrier Disclaimer

Carriers are not liable for delayed or undelivered messages. The Sellers Edge, Squared Sigma LLC, and Twilio, Inc. are not responsible for any charges from your mobile carrier related to SMS/MMS delivery.

Supported Carriers

SMS/MMS messaging is available for subscribers of major US carriers including AT&T, Verizon, T-Mobile, Sprint, Boost Mobile, US Cellular, and other regional and MVNO carriers. SMS/MMS is currently limited to US mobile numbers (+1 country code).

Definitions

• "Competitor" means: (i) any of the entities listed in the Named Competitors schedule below, as may be updated by Provider from time to time; (ii) any entity that directly or indirectly develops, markets, sells, licenses, distributes, or provides software, platforms, products, or services that are substantially similar to, or that compete with, the Services or any material component thereof, as determined by Provider in its reasonable discretion; or (iii) any Affiliate of any entity described in clauses (i) or (ii).
• "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity, where "control" means the direct or indirect ownership of more than fifty percent (50%) of the voting interests or the power to direct management and policies, whether through ownership of securities, by contract, or otherwise. "Affiliate" also includes any successor entity, whether by merger, acquisition, reorganization, or otherwise.
• "Competitor Personnel" means any current or former (within the preceding twelve (12) months) officer, director, employee, independent contractor, consultant, agent, or representative of a Competitor.

Prohibition on Competitor Access

Competitors and Competitor Personnel are prohibited from accessing, using, registering for, subscribing to, or creating any account on the Services, whether directly or indirectly, and regardless of the purpose, unless Provider has provided express prior written consent. The Services shall not be accessed or used:

• For purposes of monitoring availability, performance, or functionality
• For benchmarking or competitive analysis
• For the purpose of building, improving, training, or informing any competitive product or service
• For any other competitive purpose

These restrictions apply regardless of whether access is sought in a professional, business, personal, academic, or any other capacity, and regardless of the device, email address, or credentials used.

User Representations and Warranties

By accessing or using the Services, you represent and warrant that:

• You are not a Competitor or Competitor Personnel
• You are not acting on behalf of, at the direction of, or for the benefit of any Competitor
• No Competitor will derive any direct or indirect benefit from your access to or use of the Services
• All information provided during registration, including your employer and affiliation, is true, accurate, and complete
• You will promptly notify Provider if any of the foregoing representations ceases to be true

Change of Affiliation

If you become Competitor Personnel at any time during your use of the Services, you must: (i) notify Provider in writing within five (5) business days; (ii) immediately cease all access to and use of the Services; and (iii) certify in writing that you have not retained, copied, downloaded, or transferred any data, screenshots, reports, or other information obtained through the Services to any Competitor.

Termination for Competitor Association

Provider may immediately suspend or terminate any account without notice if Provider determines or reasonably suspects a violation of this Section. No refund of fees shall be owed. Provider may employ technical, administrative, or other measures to identify and prevent Competitor access, including domain verification, employment verification, and monitoring of usage patterns.

Named Competitors

1. Xfactor.io, Inc. and its Affiliates
2. RevFactor.ai and its Affiliates
3. MediaFly, Inc. and its Affiliates
4. Cuvama Ltd. and its Affiliates
5. ROIShop.com, Inc. and its Affiliates
6. Ecosystems (ecosystems.io) and its Affiliates

Provider reserves the right to update this list at any time by publishing a revised version of these Terms.

Subscription Plans

We offer the following subscription plans:

• Arena Plan: Core features including limited account research, SWOT analysis, and basic competitive intelligence
• Legend Plan: Full platform access including unlimited AI agents, deep research, competitive battlecards, content generation, and priority support
• Annual Plans: Discounted pricing for annual commitments

Billing and Payment

• Subscriptions are billed in advance on a recurring basis
• Payment is processed securely through Stripe
• You authorize us to charge your payment method for all fees
• Prices may change with 30 days' notice
• Failed payments may result in service suspension
• All fees are non-refundable except as required by law

Cancellation and Refunds

• You may cancel your subscription at any time
• Cancellation takes effect at the end of the current billing period
• No refunds for partial months or unused periods
• We may offer prorated refunds at our discretion
• Service access continues until the end of the paid period

Permitted Uses

• Your own internal sales operations and business development
• Account research and competitive analysis for your own sales activities
• Team collaboration and sales enablement within your organization
• Value proposition development for your own solutions
• Legitimate business intelligence activities for your own use

Prohibited Uses

• Violating any applicable laws or regulations
• Infringing on intellectual property rights
• Transmitting malware, viruses, or harmful code
• Attempting to gain unauthorized access to our systems
• Interfering with service availability or performance
• Using the service for spam or unsolicited communications
• Harvesting or collecting user data without consent
• Reverse engineering or attempting to copy our technology (see Reverse Engineering section)
• Sharing Platform outputs with Competitors for purposes of developing a competing product
• Systematically compiling or cataloging outputs to reconstruct Provider's analytical frameworks

Competitive Intelligence Gathering

You acknowledge that the Platform embodies proprietary competitive intelligence methodologies, value proposition frameworks, deal qualification processes, and analytical models that constitute Provider's trade secrets. You shall not use access to the Platform to extract, deduce, catalog, or reverse-engineer such methodologies for competitive intelligence purposes.

Interoperability Exception

If and solely to the extent that applicable law prohibits enforcement of any foregoing restriction and such prohibition cannot be waived by contract, you may engage in the minimum reverse engineering activities strictly necessary to achieve interoperability, provided that: (i) you first submit a written request to Provider specifying the information needed; (ii) Provider has failed to make such information available within thirty (30) days under commercially reasonable terms; (iii) such activities are limited solely to interoperability; and (iv) you do not disclose information obtained to any third party.

AI Service Terms

• AI responses are for informational purposes only
• We do not guarantee accuracy, completeness, or reliability
• AI-generated content should not be considered professional advice
• You are responsible for verifying and validating AI outputs
• We may limit AI usage based on subscription tier

Accuracy and Verification of AI Outputs

Artificial intelligence systems, including large language models, can and do produce output that is inaccurate, incomplete, outdated, or entirely fabricated ("hallucinations"), even when the output appears confident, detailed, and plausible. You acknowledge and agree that:

• Independent verification is required. You must independently verify all AI-generated information — including company research, financial figures, market data, competitive intelligence, contact information, and statements about third parties — before relying on it or communicating it to any other person.
• Information about third parties may be wrong. AI-generated research about companies, products, and individuals may contain factual errors. You are solely responsible for any use, publication, or distribution of such information, including any resulting claims of defamation, disparagement, or unfair competition.
• No professional advice. AI outputs do not constitute legal, financial, tax, investment, accounting, or other professional advice. Consult a qualified professional before acting on any output.
• Human review before external use. You must apply human review and judgment before sending, presenting, or publishing any AI-generated content to customers, prospects, or any third party. All business decisions based on AI outputs are made at your own risk.
• Sole responsibility. As between you and Provider, you bear sole responsibility for the decisions you make and the communications you send based on AI outputs, and for compliance with all laws applicable to your use of those outputs.

Third-Party AI and Service Providers

The Service relies on third-party providers, including AI model providers, SMS delivery (Twilio, Inc.), payment processing (Stripe, Inc.), and cloud hosting and storage providers. We are not responsible for the acts, omissions, outages, errors, or policies of any third-party provider, and your use of features powered by those providers may also be subject to their terms.

Usage Limitations

• Rate limiting may apply to prevent abuse
• Input content must comply with our content policies
• We may filter or block inappropriate requests
• AI services are subject to availability and maintenance
• We may update AI models and capabilities without notice

Ownership

You acknowledge that the Platform, including all software, source code, object code, algorithms, AI and machine learning models, model weights, training data, data sets, prompts and prompt engineering, analytical methodologies, competitive intelligence frameworks, value proposition generation methods, deal qualification processes, scoring algorithms, data processing pipelines, output formats, user interface designs, workflows, documentation, and all improvements and derivative works thereof (collectively, "Platform IP"), are the sole and exclusive property of Provider.

Trade Secret Designation

You acknowledge that Platform IP constitutes trade secrets and Confidential Information within the meaning of the Defend Trade Secrets Act (DTSA) and the Delaware Uniform Trade Secrets Act (DUTSA), including without limitation:

• AI models, machine learning algorithms, neural network architectures, model weights, and training methodologies
• Proprietary data sets, curation methods, and processing techniques
• Competitive intelligence gathering and analysis frameworks
• Value proposition generation methodologies and analytical models
• Deal qualification, scoring, and prioritization algorithms
• Sales intelligence analytics, predictive models, and recommendation engines
• Structure, selection, and arrangement of user interfaces, workflows, and output formats
• Any non-public information about Platform functionality disclosed through access to the Platform

Confidentiality Obligations

You shall treat all Platform IP with at least the same degree of care as your own most confidential information, but in no event less than reasonable care. You shall not disclose any Confidential Information to any third party without Provider's prior written consent and shall limit access to employees with a need to know who are bound by equivalent confidentiality obligations.

Restrictions on Platform Outputs

Platform outputs (generated value propositions, competitive intelligence reports, deal qualification analyses) may embody Provider's proprietary methodologies. You shall not:

• Share outputs with any Competitor or third party for purposes of developing a competing product
• Systematically compile or catalog outputs to reconstruct Provider's analytical frameworks
• Use outputs for any purpose other than your own internal sales operations

Anti-Reconstruction

You shall not use information obtained through the Platform to build, train, or improve any product, AI model, dataset, or methodology competitive with the Platform.

Your Rights

You retain ownership of:

• Content you create using our services for your own sales operations
• Your proprietary business data and information you provide

License Grant

We grant you a limited, non-exclusive, non-transferable license to use our Service in accordance with these Terms and your subscription plan.

Survival

Confidentiality and trade secret obligations survive termination of your account and these Terms for so long as the information constitutes a trade secret under applicable law.

Acknowledgment

The Parties acknowledge and agree that: (i) actual damages from breach of the Competitor Access, Reverse Engineering, and Intellectual Property sections would be extremely difficult to ascertain with certainty due to the intangible nature of proprietary information, trade secrets, and competitive intelligence value; the difficulty of tracing downstream competitive harm; the costs of identifying and remediating security breaches; and the loss of customer goodwill; (ii) the amounts below represent the Parties' genuine good-faith estimate of probable loss; and (iii) such amounts constitute liquidated damages and not a penalty.

Liquidated Damages Schedule

• Account Violations: For each account created with false or misleading information or used to circumvent a ban or restriction: $2,500 per account, plus $500 per day of unauthorized access.
• Scraping and Automated Data Extraction: For each day of scraping, crawling, automated extraction, or systematic copying: $5,000 per day.
• Reverse Engineering or Decompilation: For each instance of reverse engineering, decompiling, or attempting to derive source code, algorithms, or trade secrets: $50,000 per instance.
• Trade Secret Misappropriation: For each instance of unauthorized disclosure or misappropriation of Provider's proprietary information: $100,000 per instance, or three (3) times the annual subscription fee, whichever is greater.
• Competitor Unauthorized Access: For each instance of access by Competitor Personnel in violation of these Terms: $25,000 per person per month of unauthorized access (prorated for partial months).

Cumulative Assessment

Each violation is independent. Liquidated damages for multiple violations are cumulative.

Not Exclusive Remedy

Liquidated damages are in addition to, and not in lieu of, Provider's right to seek injunctive relief, specific performance, actual damages for claims not addressed by this provision, and any other available remedies. Liquidated damages compensate for past violations; injunctive relief may be sought to prevent ongoing or future violations.

Prevailing Party Fees

In any action to enforce this Section, the prevailing party shall recover reasonable attorneys' fees, costs, and expenses.

Service Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND:

• We do not guarantee uninterrupted or error-free service
• We may modify, suspend, or discontinue features at any time
• AI responses are not guaranteed to be accurate or complete
• We are not responsible for third-party integrations or services
• Service availability may vary by region or subscription tier

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Our total liability shall not exceed the amount you paid in the 12 months preceding the claim
• We are not liable for indirect, incidental, or consequential damages
• We are not liable for data loss or business interruption
• We are not liable for third-party actions or content

Termination by You

You may terminate your account at any time by:

• Canceling your subscription through your account settings
• Contacting our support team
• Deleting your account (if applicable)

Termination by Us

We may terminate or suspend your account immediately if:

• You violate these Terms of Service
• You are or become Competitor Personnel
• You engage in fraudulent or illegal activities
• You engage in reverse engineering or unauthorized analysis
• You fail to pay subscription fees
• We discontinue the Service
• Required by law or regulation

Effect of Termination

• Your right to use the Service ceases immediately
• We may delete your account and data
• You remain liable for any unpaid fees
• Confidentiality, trade secret, indemnification, and liquidated damages provisions survive termination

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of laws principles.

Venue

Any action arising under this Agreement shall be brought exclusively in the state and federal courts located in Wilmington, Delaware.

Dispute Resolution

Any disputes arising from these Terms or the Service shall be resolved as follows:

• First, attempt to resolve through good faith negotiation
• If unsuccessful, pursue mediation or arbitration
• Small claims court for disputes under $10,000
• State or federal courts in Wilmington, Delaware for larger disputes
• You waive any right to a jury trial

Entire Agreement

These Terms, together with the Privacy Policy and any order or subscription documents, constitute the entire agreement between you and Provider regarding the Services and supersede all prior or contemporaneous understandings.

Force Majeure

Provider shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, governmental actions, internet or telecommunications failures, power outages, or failures of third-party providers (including AI model providers, hosting, payment, and SMS delivery providers).

Assignment

You may not assign or transfer these Terms or your account without Provider's prior written consent. Provider may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

No Waiver

Provider's failure to enforce any provision of these Terms shall not constitute a waiver of that provision or of the right to enforce it later.

No Third-Party Beneficiaries; Independent Parties

Except as expressly stated (including indemnified parties), these Terms create no third-party beneficiary rights. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Provider.