Terms of service
v1.0.0
January 4, 2025
Terms of Service
Last Updated: 02/05/2025
Welcome to Unusual (the “Company,” “we,” “us,” or “our”), providing a service for personalizing websites in real time (the “Service”). By purchasing, subscribing to, registering for, or otherwise using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use (“Terms”). If you do not agree, you must refrain from purchasing or using the Service.
1. Acceptance of Terms
1.1 Binding Agreement
By accessing or using the Service in any manner (including purchasing a subscription), you accept and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service. Your continued access or use of the Service following any update to these Terms constitutes your acceptance of those changes.
1.2 Privacy Policy
We respect your privacy. Our collection and use of personal information are governed by our Privacy Policy, which is incorporated by reference into these Terms. By using the Service, you consent to our collection and use of your information as outlined therein.
2. Description of the Service
2.1 Service Overview
Unusual leverages artificial intelligence to create customized search ads that respond to user queries and generate unique landing pages for each user. This targeted approach is designed to maximize conversions and enhance user acquisition.
2.2 Subscription Model
Our Service is provided on a subscription basis for one-month terms, automatically renewing monthly unless canceled in accordance with these Terms. The specific features and pricing you receive are displayed on the purchase or checkout page (e.g., during Stripe checkout).
2.3 Modifications
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without notice. Modifications may include altering features, functionality, or layout. Any changes will be effective immediately upon posting or as otherwise stated.
3. Eligibility
3.1 Age Requirement
The Service is intended for users who are at least 18 years old. By using the Service, you represent and warrant that you meet this age requirement.
3.2 Compliance with Laws
You agree to use the Service only for lawful purposes and in accordance with these Terms and any applicable laws or regulations.
4. Account Registration
4.1 Registration
To use certain features of the Service, you may be required to register an account using a valid employment email address or another acceptable email address. You agree to provide accurate, current, and complete information during registration and to update such information as necessary.
4.2 Security
You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account.
5. Subscription Term
5.1 Term Length
Each subscription term (“Subscription Term”) is one (1) month. The Subscription Term begins on the date you purchase or otherwise begin using the Service.
5.2 Automatic Renewal
Unless you cancel prior to the end of the current Subscription Term, your subscription will automatically renew for an additional one-month period at the then-current rate.
5.3 Cancellation
You may cancel your subscription at any time by following the cancellation instructions in your account settings or by contacting our customer support. Cancellation takes effect at the end of the current Subscription Term, and you will not be entitled to refunds for any remaining portion of that term unless otherwise required by law.
6. Fees and Payment
6.1 Subscription Fee
The subscription fee (“Fees”) is displayed at the time of purchase (e.g., on the Stripe checkout page) and may vary depending on promotions, discounts, or additional features. By completing the purchase, you agree to pay the Fees.
6.2 Recurring Billing
By enrolling in a monthly subscription, you authorize us (or our third-party payment processor) to charge you the monthly Fees using the payment method provided. Recurring billing will occur at the start of each Subscription Term unless canceled before the next billing date.
6.3 Fee Changes
We reserve the right to adjust our Fees at any time. Any Fee changes will be effective at the beginning of the next Subscription Term following notice to you (via email or another notification method). Your continued use of the Service after such Fee change becomes effective constitutes acceptance.
6.4 Late Payments
If your payment method is declined or otherwise fails, we may suspend or terminate your access to the Service until all outstanding Fees are paid in full.
7. User Responsibilities
7.1 Compliance
You agree to use the Service in accordance with these Terms and any applicable laws or regulations.
7.2 Prohibited Activities
You agree not to:
Attempt to access unauthorized areas of the Service or its underlying systems.
Interfere with the operation or security of the Service.
Use the Service for any unlawful or fraudulent purpose.
Encourage or facilitate others to do any of the above.
8. Usage Rules
In connection with your use of the Service, you agree to the following additional usage rules:
Intellectual Property Infringement: Do not submit or link to material that infringes any third-party intellectual property or personal rights without having the necessary rights and permissions.
Objectionable Content: Do not submit or link to material that is unlawful, defamatory, abusive, obscene, hateful, harassing, or otherwise objectionable.
Illegal Activity: Do not submit or link to material that encourages or constitutes a criminal offense or otherwise violates the law.
Misrepresentation: Do not misrepresent your identity or impersonate any person or entity.
Malicious Code: Do not submit or link to material containing software viruses, worms, or other harmful code.
Spam: Do not use the Service to send unsolicited messages, chain letters, or pyramid schemes.
Stalking or Harassment: Do not stalk, harass, or otherwise harm another individual.
Technical Abuse: Do not take any action that imposes an unreasonable load on our infrastructure or disrupts the Service.
Privacy Violations: Do not collect personal information of others without proper consent or post others' personal information.
Automated Tools: Do not use, or attempt to use, any browser extensions, artificial intelligence tools, scripts, bots, or other technology tools that intrude upon, scrape, or connect to the Service without our express written permission.
Third-Party Liability: Any third party who knowingly aids or facilitates a breach of this section may be liable for tortious interference with contract, and we reserve all rights and remedies.
9. User-Generated Content
9.1 Responsibility
You acknowledge that you are responsible for any content (“User-Generated Content”) you submit or upload through the Service, including its legality, originality, and reliability.
9.2 License / Assignment
By submitting User-Generated Content, you grant (or, where applicable, assign) to Unusual a perpetual, irrevocable, worldwide, exclusive license to use, reproduce, modify, distribute, display, perform, and otherwise exploit the User-Generated Content for any purpose, including commercial purposes. Where assignment applies, you assign all rights, title, and interest in such content to Unusual. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, royalty-free license to use any User-Generated Content you created solely for personal or internal business use.
9.3 Monitoring and Removal
We may, at our sole discretion, review, pre-screen, or remove any User-Generated Content for any reason, including violation of these Terms or applicable law.
10. Intellectual Property
10.1 Ownership
All content, features, and functionality of the Service (including software, text, images, and logos) are the exclusive property of Unusual or its licensors and are protected by intellectual property laws.
10.2 Trademarks
All trademarks, service marks, and trade names are proprietary to Unusual or their respective owners. Nothing in these Terms grants you the right to use any trademark displayed on the Service without our written permission.
11. Confidentiality
11.1 Definition
“Confidential Information” means any non-public information disclosed by us to you relating to our business, the Service, or our operations, whether labeled as confidential or reasonably understood to be confidential.
11.2 Obligations
You agree not to disclose our Confidential Information to third parties and to protect it using the same degree of care you use for your own confidential information, but in no event less than a reasonable standard of care.
12. Privacy
Your use of the Service is governed by our Privacy Policy, which describes how we collect, use, and share your personal information. By using the Service, you consent to our collection and use of your information as outlined therein.
13. Service Availability and Modifications
13.1 Availability
While we aim to keep the Service available 24/7, we do not guarantee uninterrupted access and may suspend or discontinue the Service at any time without notice.
13.2 Updates to Terms
We may modify these Terms at any time. Any modifications will be effective immediately upon posting the updated Terms on our website. Your continued use of the Service after such posting constitutes acceptance of the updated Terms.
14. Warranties and Disclaimers
14.1 Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR THAT ANY INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE. ANY RELIANCE ON THE SERVICE IS AT YOUR OWN RISK.
14.2 No Guaranteed Outcomes
While the Service strives for relevance and accuracy, results may vary. We make no guarantee of specific outcomes, performance improvements, or accuracy in keyword predictions.
15. Limitation of Liability
15.1 Indirect and Consequential Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR AFFILIATES OR LICENSORS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST REVENUE, PROFITS, OR DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.2 Liability Cap
OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE ONE (1) MONTH PRECEDING THE EVENT GIVING RISE TO LIABILITY.
15.3 Basis of the Bargain
YOU ACKNOWLEDGE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK AND ARE A FUNDAMENTAL PART OF THE BARGAIN BETWEEN YOU AND US.
16. Indemnification
You agree to indemnify, defend, and hold harmless us, our affiliates, and our respective officers, directors, employees, contractors, licensors, and agents (each an “Indemnitee”) from any claim, demand, action, or proceeding (including reasonable attorneys’ fees) arising out of or related to:
Your violation or alleged violation of these Terms;
Your User-Generated Content, including any claims that it infringes a third party’s rights; or
Your misuse of the Service or actions that cause a technical disruption.
You shall not settle any claim without the prior written consent of the Indemnitee, which shall not be unreasonably withheld.
17. Termination
17.1 Termination by You
You may terminate your subscription at any time by canceling through your account or contacting customer support. Termination will be effective at the end of the current Subscription Term.
17.2 Termination by Us
We may suspend or terminate your account or access to the Service at any time, without liability, for any reason, including violation of these Terms or applicable law. If we terminate without cause, we may provide a pro-rata refund for any unused portion of your subscription.
17.3 Effect of Termination
Upon termination, your right to access or use the Service immediately ceases. We reserve the right to delete any data associated with your account within a reasonable time unless otherwise required by law.
18. Governing Law and Dispute Resolution
18.1 Governing Law
These Terms and any disputes arising out of or related to them are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.
18.2 Forum
Any dispute arising out of or related to these Terms or the Service will be brought exclusively in the state or federal courts located in California, and you consent to the personal jurisdiction of such courts.
19. Miscellaneous
19.1 Entire Agreement
These Terms constitute the entire agreement between you and us regarding your use of the Service and supersede any prior or contemporaneous agreements, understandings, or communications.
19.2 No Waiver
Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
19.3 Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
19.4 Assignment
You may not assign or transfer these Terms or any rights or obligations herein without our prior written consent. We may assign these Terms without restriction.
19.5 Contact Information
If you have any questions about these Terms, please contact us at:
founders@unusual.ai
By purchasing or using our Service, you confirm that you have read and understood these Terms of Use and agree to be bound by them. If you do not agree, please discontinue use of our Service immediately.