Terms of Service

Owner: Brillmark, LLC, a California limited liability company

1. Agreement to Terms

Welcome to Intelliconvert.ai, a service provided by Brillmark, LLC (“Company,” “we,” “our,” or “us”). These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Brillmark, LLC regarding your access to and use of our website, applications, APIs, and AI-powered conversion optimization services (collectively, the “Services”).

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms, you must not access or use our Services.

2. Eligibility and Account Registration

2.1 Age and Capacity Requirements

You must be at least 18 years of age and have the legal capacity to enter into binding agreements to use our Services. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2.2 Account Creation

To access certain features of our Services, you must create an account by providing accurate, current, and complete information. You are responsible for:

Maintaining the accuracy of your account information
Safeguarding your login credentials and account security
All activities that occur under your account
Immediately notifying us of any unauthorized access or security breaches

2.3 Account Verification

We may require verification of your identity or business information before providing access to certain Services or features.

3. Description of Services

3.1 AI-Powered Conversion Optimization

Intelliconvert.ai provides artificial intelligence and machine learning tools designed to optimize website conversion rates, analyze user behavior, and improve digital marketing performance.

3.2 Features and Functionality

Our Services may include:

A/B testing and multivariate testing tools
Conversion rate optimization recommendations
Website analytics and performance insights
User behavior analysis and heat mapping
Personalization and targeting capabilities
API access and integrations
Reporting and dashboard features

3.3 Service Availability

We strive to maintain high availability of our Services but do not guarantee uninterrupted access. Services may be temporarily unavailable due to maintenance, updates, or technical issues.

4. Acceptable Use Policy

4.1 Permitted Uses

You may use our Services for lawful business purposes in accordance with these Terms and all applicable laws and regulations.

4.2 Prohibited Activities

You agree not to:

Illegal Activities:

Use Services for any unlawful purpose or in violation of any applicable laws
Engage in fraudulent, deceptive, or misleading practices
Violate intellectual property rights of others
Transmit harmful, offensive, or inappropriate content

Technical Violations:

Reverse engineer, decompile, or disassemble our software
Attempt to gain unauthorized access to our systems or networks
Interfere with or disrupt the operation of our Services
Use automated scripts or bots to access Services without permission
Exceed rate limits or attempt to overload our infrastructure

Commercial Violations:

Resell, redistribute, or sublicense our Services without authorization
Use Services to compete directly with our business
Extract or copy substantial portions of our content or data
Remove, alter, or obscure proprietary notices or branding

4.3 Monitoring and Enforcement

We reserve the right to monitor use of our Services and take appropriate action against violations, including account suspension or termination.

5. Subscription Plans and Payment Terms

5.1 Subscription Services

Certain Services are provided on a subscription basis with recurring billing. Subscription plans and pricing are detailed on our website and may be updated from time to time.

5.2 Payment and Billing

Subscription fees are charged in advance on a recurring basis (monthly, annually, etc.)
All fees are non-refundable except as expressly stated in these Terms or required by law
You authorize us to charge your designated payment method for all applicable fees
If payment fails, we may suspend or terminate your access to Services

5.3 Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless canceled before the renewal date. You may cancel your subscription through your account settings or by contacting customer support.

5.4 Price Changes

We may change subscription pricing with at least 30 days’ advance notice. Price increases will take effect at your next renewal date.

5.5 Taxes

You are responsible for all applicable taxes, duties, and governmental charges related to your use of our Services.

6. Intellectual Property Rights

6.1 Company Ownership

Brillmark, LLC owns all rights, title, and interest in and to the Services, including:

Software, algorithms, and artificial intelligence models
Website content, documentation, and user interfaces
Trademarks, service marks, logos, and branding
Trade secrets, know-how, and proprietary methodologies

6.2 User Content

You retain ownership of content you upload or input into our Services (“User Content”). By using our Services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your User Content solely for the purpose of providing Services to you.

6.3 Feedback and Suggestions

Any feedback, suggestions, or ideas you provide to us may be used by us without restriction or compensation to you.

6.4 Respect for Third-Party Rights

You represent and warrant that your use of our Services and any User Content does not infringe, violate, or misappropriate the rights of any third party.

7. Artificial Intelligence and Data Accuracy

7.1 AI Service Disclaimer

Our Services utilize artificial intelligence and machine learning algorithms that:

Generate probabilistic outputs based on available data
May not always produce accurate, complete, or reliable results
Are subject to inherent limitations and potential biases
Should not be solely relied upon for critical business decisions

7.2 User Responsibility

You acknowledge and agree that:

You are responsible for verifying and validating any AI-generated insights or recommendations
You will exercise appropriate human judgment and oversight when implementing AI suggestions
You understand the limitations and potential risks of AI-based tools
You will not rely solely on our AI outputs for decisions that could significantly impact your business

7.3 No Guarantee of Results

We make no guarantees about the performance improvements, conversion rate increases, or business outcomes you may achieve using our Services.

8. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to our privacy practices as described in the Privacy Policy.

9. Third-Party Integrations

9.1 Third-Party Services

Our Services may integrate with third-party platforms, tools, and services (e.g., Shopify, Google Analytics, Facebook). These integrations are subject to the third parties’ terms of service and privacy policies.

9.2 Third-Party Responsibility

We are not responsible for the availability, accuracy, or functionality of third-party services or any content, products, or services provided by third parties.

10. Termination

10.1 Termination by You

You may terminate your account at any time by:

Canceling your subscription through account settings
Contacting our customer support team
Following the cancellation procedures outlined in our documentation

10.2 Termination by Us

We may suspend or terminate your access to Services immediately and without notice if:

You violate these Terms or our other policies
Your account becomes delinquent on payment obligations
We reasonably believe your actions may harm us or other users
Required by law or regulatory order

10.3 Effect of Termination

Upon termination:

Your access to Services will cease immediately
We may delete your account and associated data after a reasonable retention period
Accrued payment obligations remain due and payable
Provisions that by their nature should survive termination will continue to apply

11. Disclaimers and Limitation of Liability

11.1 Service Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

Warranties of merchantability, fitness for a particular purpose, or non-infringement
Warranties regarding accuracy, reliability, or completeness of content
Warranties regarding uninterrupted or error-free operation

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF $100 OR THE TOTAL FEES PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE CLAIM
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION

11.3 Exceptions

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages, so the above limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless Brillmark, LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to:

Your use of our Services
Your violation of these Terms
Your violation of any rights of another party
Your User Content or any content you submit through our Services

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.

13.2 Jurisdiction and Venue

Any disputes arising from or relating to these Terms or our Services shall be resolved exclusively in the state or federal courts located in Alameda County, California. You consent to the personal jurisdiction of such courts.

13.3 Informal Resolution

Before filing any formal legal action, you agree to first contact us to attempt to resolve the dispute informally by sending a written notice to: legal@intelliconvert.ai

13.4 Time Limitation

Any claims must be brought within one (1) year after the cause of action arises, or such claim will be permanently barred.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and us regarding the Services.

14.2 Amendments

We may modify these Terms at any time by posting updated Terms on our website. Material changes will be communicated through email or prominent notice. Your continued use of Services after changes take effect constitutes acceptance of the revised Terms.

14.3 Severability

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

14.4 Waiver

Our failure to enforce any provision of these Terms will not constitute a waiver of our right to enforce that provision in the future.

14.5 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms without restriction.

14.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, government actions, or network failures.

15. Contact Information

For questions about these Terms of Service, please contact us:

Brillmark, LLC

Email: legal@intelliconvert.ai
Support: support@intelliconvert.ai
Address: 192 Benmore Dr., Hayward, CA 94542
Website: https://intelliconvert.ai