Myuser Terms of Service

1OUR SERVICES

Myuser offers various products, services, features, and tools within its platform. AI Credits are the means of purchasing and consuming Services within the platform. Certain products, features, or channels may be subject to additional specific terms ("Specific Services Terms"), separate written agreements, or separate pricing, and are made available only as expressly agreed by Myuser in writing.

The Services are not intended for use in any jurisdiction where such use would be contrary to law. Users accessing the Services from other locations do so on their own initiative and are solely responsible for local compliance. The Services are not tailored to industry-specific regulations (e.g., HIPAA, FISMA), and Myuser makes no warranty of compliance with such laws absent a separate written agreement signed by Myuser. Myuser may subcontract any of its obligations.

Order of Precedence. If there is a conflict, the order of control is: (a) any separate written agreement signed by Myuser; (b) Specific Services Terms (including the Payment Legal Terms for Payment Services); (c) an applicable Order Form; (d) these Legal Terms; (e) documents incorporated by reference.

2MYUSER AI CREDITS; NO REFUNDS

3PAYMENT SERVICES - INCORPORATED TERMS

Without limiting the Payment Legal Terms: (a) you are immediately liable to Myuser for the full amount of any reversal, chargeback, return, claim, refund, fine, penalty, or assessment imposed by any bank, network, scheme, regulator, or financial institution in connection with your use, plus Myuser's related costs; (b) Myuser may establish reserves, and may withhold, offset, or delay payouts, to protect against actual or anticipated risk; (c) Myuser may collect any amounts you owe by deducting from your Credits, funds held or payable to you, linked accounts, or your payment method; and (d) Myuser is not a bank and does not accept deposits; Credits and funds held are not FDIC-insured.

4ELIGIBILITY, REGISTRATION, ACCOUNTS, AND COMPANY AUTHORIZATION

Eligibility. You must be at least 18, using the Services for business purposes, and provide information satisfactory to Myuser, which may include legal name, tax ID, address, bank details, licenses, regulatory status, and proof of authorization and identification. We may decline any registration without explanation and may perform identity, credit, and background checks; you authorize Myuser to obtain information about you and your business from third parties, including credit reporting agencies and banking partners.

Accounts. You will keep account information accurate and credentials confidential. You are responsible for all activity under your account, with or without your knowledge or consent, including acts and omissions of your employees, contractors, representatives, customers, and anyone you give access. Notify us immediately of any unauthorized use, and promptly of any change of control, material adverse change, insolvency, regulatory change, or governmental investigation.

No Competitors. You shall not knowingly permit any Myuser competitor to access the Services, and you represent you have not registered to investigate, benchmark, monitor, or generate evidence against Myuser.

Company Authorization. You appoint Myuser as your authorized representative for limited technical purposes, with authority to submit registrations, applications, filings, certifications, and attestations to any governmental authority, carrier, registrar, bank, network, or third-party platform solely as necessary to set up, operate, or maintain the Services on your behalf. This does not permit Myuser to bind you to financial obligations beyond amounts payable under these Legal Terms. You represent you have full authority to grant this authorization; Myuser may present this provision to third parties as evidence of authority, and you will execute any additional documentation (including a Letter of Authorization) within five (5) business days of request.

Deactivation. You may request deactivation with 30 days' written notice to [email protected], subject to your minimum commitments. We may deactivate accounts inactive for three (3) months or as required by law, retaining information as described in our Privacy Policies or as permitted or required by law.

5USER REPRESENTATIONS, WARRANTIES, AND PROHIBITED ACTIVITIES

You represent, warrant, and undertake that: (1) all information you submit is and will remain true, accurate, current, and complete; (2) you have legal capacity and authority to enter these Legal Terms; (3) you will not access the Services by automated or non-human means except as documented; (4) you will not use the Services for any illegal or unauthorized purpose; (5) you have established and will maintain a valid lawful basis for every use of personal data in connection with the Services - including all data you upload and, to the extent you use the Services to send, generate, or facilitate any communications, every communication to any individual - and you are solely responsible for compliance with all applicable laws, including the CCPA/CPRA, GDPR, UK GDPR, TCPA, CAN-SPAM, CASL, ePrivacy Directive, EU AI Act, FCC rules, and state statutes, including all required consents, disclosures, opt-out handling, and Do-Not-Call compliance; (6) you will comply with the terms of all Third-Party Services you connect and maintain all necessary rights and accounts in good standing; (7) you will provide all legally required notices and obtain all legally required consents from your own customers, visitors, and end users; and (8) you are not subject to sanctions (Section 20). Myuser assumes no obligation to assess any data or use case against your compliance requirements.

You agree not to, and not to assist or enable any third party to: breach any law, third-party right, or Myuser policy or determination; systematically retrieve data to create any collection or database; copy, adapt, decipher, decompile, disassemble, scrape, clone, or reverse engineer any software, algorithms, AI models, AI processes, workflows, prompts, systems, or APIs; use the Services to compete with Myuser or for benchmarking or evaluation for any third party; resell, sublicense, rent, lease, or transfer the Services or Credits except under Section 6; sell, rent, or misuse data obtained through the Services; remove proprietary notices; circumvent security or authentication; engage in unauthorized automated use; upload malware or interfere with, disrupt, or burden the Services; send spam or unlawful communications; impersonate, defraud, or mislead Myuser or others; harass or harm any person; make false statements damaging Myuser's reputation; create accounts by automated means or false pretenses; or use funds, payment flows, or Credits in connection with money laundering, fraud, or illegal goods or services.

Any violation of this Section constitutes misuse of the Services. Upon misuse, Myuser may immediately suspend or terminate any account without notice, forfeit associated Credits, withhold or reverse related funds, report to law enforcement, and pursue all remedies. You will reimburse Myuser for all damages, losses, fines, penalties, and costs (including reasonable attorneys' fees and investigation costs) arising from your misuse of the Services.

6RESALE; WRITTEN PERMISSION REQUIRED

You may not resell, sublicense, white-label, distribute, or otherwise make the Services or Credits available to any third party for compensation unless you first obtain Myuser's express prior written permission, such as a separate reseller agreement signed by Myuser ("Resale Permission").

If Myuser grants Resale Permission: (a) it is limited, revocable, non-exclusive, and non-transferable, and Myuser may revoke it at any time, with or without cause, upon written notice, without liability; (b) you and your customers remain bound by these Legal Terms, and you must bind each of your customers to terms at least as protective of Myuser as these Legal Terms; (c) you are fully responsible and liable for all acts and omissions of your customers as if your own, and for all activity under your account; (d) you are solely responsible for selling to, onboarding, supporting, and managing your customers - including pricing, billing, invoicing, refunds, chargebacks, collections, disputes, and expectations - and Myuser has no obligation, including no refund obligation, to your customers; (e) you are an independent contractor: nothing creates a partnership, joint venture, franchise, employment, fiduciary, or agency relationship, and you may not state or imply that you are Myuser or its agent, partner, or endorsed representative, that Myuser guarantees your services, or bind Myuser to any contract, promise, warranty, refund, service level, or obligation; (f) all Credits provisioned through you remain non-refundable per Section 2; and (g) Myuser may set and change program pricing and requirements at any time. Any purported resale without Resale Permission is void, is a material breach, and may result in immediate termination and Credit forfeiture.

7PURCHASES, FEES, PRICING, AND PAYMENT

Pricing, rates, and Credit consumption are as displayed in your dashboard, at checkout, or in an applicable Order Form. Myuser may update its pricing, rates, and consumption at any time; changes take effect upon posting or notice, and continued use constitutes acceptance. No pricing is locked unless you enter a written commitment signed by Myuser, and any lock applies only to the specific committed amounts and term stated in that writing; usage above the commitment and anything not expressly included may be charged at then-current pricing. If you default during a locked term, Myuser may revoke the lock, apply then-current pricing, and require payment of remaining committed amounts. Vendor pass-through costs, third-party surcharges, registration fees, and excess resource costs attributable to your use are your responsibility.

You authorize us to charge your payment method (and to debit accounts as described in the Payment Legal Terms) for all Credits, fees, subscriptions, commitments, and taxes due, including recurring charges without further approval until cancelled. Invoices are due within thirty (30) days unless otherwise agreed. Disputes of any invoice or charge must be raised within ten (10) days of receipt or the charge is final and payable. All payments are in U.S. dollars.

If you fail to pay when due, Myuser may accelerate all unpaid and committed amounts to become immediately due, and interest accrues at the lesser of 1.5% per month or the highest lawful rate. You are liable for all of Myuser's costs of collection, including collection agency fees, court costs, and reasonable attorneys' fees. You are responsible for all taxes (other than on Myuser's net income) and will indemnify Myuser for any taxes, penalties, or interest arising from your non-payment.

8SUBSCRIPTIONS; MINIMUM COMMITMENT; CANCELLATION

All subscriptions purchased with AI Credits or otherwise require a minimum three (3) month commitment. During any minimum commitment, you may not terminate for convenience and remain responsible for all agreed minimums, committed budgets, subscription fees, usage fees, and all other charges incurred or committed. To cancel any subscription, you must provide at least five (5) days' advance written notice before the renewal date; otherwise it automatically renews for another billing period, charged to your payment method or deducted from your Credits. After the minimum commitment, subscriptions continue month-to-month until cancelled as above. Termination or cancellation never relieves you of amounts already due, incurred, assigned, or committed, and Credits remain non-refundable.

9PROVISIONED RESOURCES

Any domains, mailboxes, numbers, identifiers, sub-accounts, credentials, or other resources or infrastructure provisioned by or through Myuser ("Provisioned Resources") are provisioned for use within the Myuser platform only and may not be exported, transferred, migrated, pointed away, administered externally, or used outside the platform unless Myuser expressly agrees in writing. Myuser retains all rights in and control over Provisioned Resources. Costs of Provisioned Resources exceeding included amounts, and any third-party or vendor excess costs, are your responsibility as determined by Myuser.

10SUSPENSION; URGENT RISK

Myuser may suspend, restrict, throttle, pause, remove, or terminate access to any account, sub-account, feature, resource, or function if Myuser determines, in its sole discretion, that the activity creates or may create legal, reputational, technical, deliverability, compliance, abuse, spam, security, payment, vendor, or business risk.

"Urgent Risk" includes, without limitation, suspected or actual spam, fraud, phishing, abuse, unlawful activity, sanctions risk, deliverability harm, reputation risk, payment risk, security risk, data misuse, privacy risk, regulatory risk, third-party platform or vendor risk, customer complaints, or any activity Myuser determines could harm Myuser, its systems, vendors, partners, customers, infrastructure, legal or compliance position, or business operations. Upon any Urgent Risk, Myuser may act immediately, with or without prior notice or cure period. Myuser is not required to disclose confidential, security-sensitive, vendor-sensitive, compliance-sensitive, fraud-sensitive, risk-scoring, or internal operational information when explaining any action. Where Myuser determines there is no Urgent Risk and no potential risk of the kinds described above, Myuser may, in its discretion, provide notice and a reasonable opportunity to cure. Myuser may, but is not required to, attempt to isolate an issue to a specific user, customer, or sub-account. Myuser will have no liability for any suspension, restriction, or termination under this Section.

11TERM, TERMINATION, AND WIND-DOWN

These Legal Terms are effective upon your first access, purchase, or use and continue until terminated. You may terminate with thirty (30) days' written notice to [email protected], subject to Section 8 minimum commitments and payment of all accrued and committed amounts.

Myuser may terminate these Legal Terms or your access at any time, with or without cause and with or without notice, including for any risk described in Section 10, any breach, non-payment, insolvency, or where Myuser determines harm is imminent. Where Myuser terminates for convenience and determines there is no Urgent Risk or other potential risk, Myuser may, in its discretion, provide up to thirty (30) days' notice and/or a wind-down period of up to fourteen (14) days; Myuser is not obligated to provide notice or wind-down where doing so could create risk or harm.

Upon expiration or termination: (i) you must immediately cease use of the Services; (ii) all accrued and committed amounts remain due and may be accelerated; (iii) Credits are forfeited without refund upon termination for breach and remain non-refundable in all cases per Section 2; (iv) your content may be permanently deleted in our discretion; and (v) Myuser has no liability for damages of any nature resulting from exercise of its rights under this Section. Sections 2, 3, 5-7, 11-16, 18, 20-28 survive termination, along with accrued obligations and any provision that by its nature should survive.

12NO GUARANTEED RESULTS; NO SLA

Myuser does not guarantee any results, outcomes, performance, deliverability, placement, response, conversion, revenue, data accuracy, accuracy of AI-generated content, uninterrupted service, uptime, availability, or satisfaction of you or your customers. The Services are tools only; you are solely responsible for reviewing, approving, monitoring, and controlling all data, content, configurations, and activity in your account.

No SLA. There is no service level agreement, uptime commitment, service credit, refund remedy, maintenance commitment, response-time commitment, or performance guarantee of any kind unless Myuser expressly agrees in a separate written SLA signed by Myuser. In the event of any interruption or non-conformance, your sole and exclusive remedy is Myuser's correction of the issue.

13BETA SERVICES

Services or features designated Beta may be incomplete or contain bugs; use them in production at your own risk. Your use of Beta Services is confidential and you will provide feedback on request. Myuser may suspend or terminate Beta Services at any time. Beta Services are provided "AS IS" with no warranties, SLAs, or liability of any kind.

14INTELLECTUAL PROPERTY RIGHTS

Myuser owns or licenses all intellectual property in the Services, including all source code, software, databases, AI models, AI systems, workflows, prompts, data structures, documentation, designs, and content (the "Content") and all trademarks and logos (the "Marks"). Nothing herein conveys any proprietary interest to you; no rights are granted except the limited license below. Subject to these Legal Terms and payment of all fees, Myuser grants you a limited, non-exclusive, non-transferable, non-sublicensable (except under valid Resale Permission), revocable license to access and use the Services for lawful business purposes. You may not reverse engineer, copy, clone, scrape, reproduce, or attempt to replicate Myuser's technology, workflows, prompts, systems, or AI processes.

As between the Parties, you own the data and materials you upload ("Customer Data") and are solely responsible for their legality, accuracy, and non-infringement. You grant Myuser a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable license to use, host, store, modify, reproduce, and process Customer Data to operate, provide, secure, support, enforce, and improve the Services, and to use data in aggregated, de-identified, or anonymized form for analytics, benchmarking, and developing and improving algorithms and models. You assign to Myuser all intellectual property rights in any feedback, suggestions, or ideas you provide, which Myuser may use without restriction or compensation. Customer Data may be viewable by subcontractors and vendors bound by obligations at least as restrictive as these Legal Terms. Copyright complaints: [email protected].

15CONFIDENTIALITY

Each Party will protect the other's non-public confidential information using reasonable care and use it only for purposes of these Legal Terms. Myuser's confidential information includes, without limitation, non-public platform, pricing, systems, workflows, product roadmap, AI process, technical, security, vendor, compliance, risk, and business information. These Legal Terms and all pricing are Myuser confidential information; you may not disclose them, or the results of any benchmarking or evaluation of the Services, to any third party.

Standard exclusions apply (public without breach; independently developed; received without restriction; prior lawful possession; legally compelled disclosures with notice where permitted). Confidentiality does not restrict Myuser from using, processing, disclosing, or retaining information as needed to provide, secure, operate, support, improve, audit, enforce, monitor, investigate, or protect the Services; comply with law; prevent fraud, abuse, spam, or security issues; communicate with vendors, processors, counsel, auditors, or regulators; or enforce these Legal Terms; nor from using general knowledge or aggregated or de-identified information. Obligations survive three (3) years post-termination; trade secrets survive as long as protected by law.

16PUBLICITY

Myuser may identify you as a customer and use your name, logo, and marks on its website and in marketing materials. If you do not wish to be referenced, email [email protected] and Myuser will discontinue new uses within a commercially reasonable period. You may not issue any press release or public statement regarding Myuser or these Legal Terms without Myuser's prior written consent.

17PRIVACY AND DATA PROTECTION

Our Privacy Policies at https://main.myusersend.com/legal are incorporated into these Legal Terms. To the extent Myuser processes personal data on your behalf, Myuser acts as processor/service provider on your instructions and you are the controller/business responsible for a valid legal basis for all processing. You are solely responsible for the lawful basis of all uses of personal data in connection with the Services; Myuser acts solely as a technology platform, does not verify consent status of any individual, and makes no representation regarding the same. You shall indemnify and hold harmless Myuser from any claims, fines, or liabilities arising from your data, your communications, or your use of data made available through the Services. The Services are hosted in the United States; by accessing from elsewhere you consent to transfer of data to the United States. Myuser's use of information from Google APIs adheres to the Google API Services User Data Policy, including Limited Use requirements.

18USER DATA; SECURITY

You are solely responsible for all data you transmit and for adequate security, protection, and backup of your content and systems, including handling any end-user data per good industry practice (appropriate safeguards, modern cryptography, access controls, monitoring, incident response) and applicable requirements such as the GLBA Safeguards Rule and PCI-DSS where relevant. You must promptly notify us of any security breach related to the Services. Except for a proven breach by Myuser of its Privacy Policies with respect to Customer Data under its control, Myuser has no liability for any unauthorized access, loss, corruption, deletion, or destruction of data.

19THIRD-PARTY SERVICES; ELECTRONIC COMMUNICATIONS

Third-party websites, content, platforms, and integrations ("Third-Party Services") are used at your own risk under their own terms; Myuser does not control, endorse, or assume responsibility for them and has no liability for any action, disruption, blocking, or consequence imposed by any Third-Party Service, bank, carrier, registrar, or network. You shall indemnify and hold harmless Myuser from any claims arising from any alleged violation of a Third-Party Service's terms in connection with your use. You consent to electronic communications, signatures, contracts, and records, which satisfy any legal requirement of a writing.

20COMPLIANCE WITH LAWS; EXPORT AND SANCTIONS

You will comply with all applicable laws, including data protection, privacy, security, marketing and communications, consumer protection, anti-bribery, anti-money laundering, and payment network rules. You certify that you and your officers, directors, shareholders, parents, subsidiaries, and affiliates: (a) comply with all import, sanctions, anti-boycott, export, and re-export control laws (including EAR, ITAR, and OFAC programs); (b) are not subject to, or owned by parties subject to, sanctions or listed on any sanctions-related list; and (c) will not engage in activity that could subject Myuser to enforcement action.

21DISCLAIMER OF WARRANTIES

22LIMITATION OF LIABILITY

23INDEMNIFICATION AND RELEASE

You will defend, indemnify, release, and hold harmless Myuser, its affiliates, owners, officers, directors, members, employees, contractors, agents, licensors, vendors, and suppliers (the "Myuser Parties") from and against all claims, demands, actions, investigations, losses, liabilities, damages, penalties, fines, settlements, costs, and expenses, including attorneys' fees, expert fees, and costs of investigation and defense, arising out of or relating to: (a) your use or misuse of the Services, Credits, or Provisioned Resources; (b) your data, content, products, services, campaigns, communications, or AI-generated content sent through your account; (c) your customers or end users, and any refund, billing, or customer dispute; (d) your breach of these Legal Terms, the Payment Legal Terms, or any incorporated terms; (e) your violation of any law, including marketing, anti-spam, privacy, data protection, consumer protection, financial services, or money transmission laws; (f) infringement or alleged infringement of third-party rights, or violation of any Third-Party Service's terms; (g) any payment, debit, transfer, reversal, chargeback, fine, penalty, tax, or funds handling relating to your account; (h) any resale or distribution, with or without Resale Permission; and (i) any act or omission of your employees, contractors, representatives, customers, or anyone given access by you.

Myuser may, at your expense, assume exclusive defense and control of any matter subject to indemnification, and you will cooperate; you may not settle any claim affecting Myuser without Myuser's prior written consent. Myuser does not provide mutual indemnification under these Legal Terms unless expressly agreed in a separate written agreement signed by Myuser.

Release. If you have a dispute with any end user, recipient, customer, or other third party, you release the Myuser Parties from all claims, demands, and damages of every kind, known and unknown, arising out of such dispute. You expressly waive California Civil Code § 1542 ("A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.").

24ATTORNEYS' FEES AND COSTS

In addition to Sections 5, 7, and 23, if Myuser engages counsel or brings or defends any action, arbitration, or proceeding to enforce these Legal Terms, collect amounts owed, or address your misuse of the Services, and Myuser prevails in whole or in part, you shall reimburse Myuser for all of its reasonable attorneys' fees, costs, and expenses (including collection agencies, experts, and arbitrators), in addition to any other relief awarded. Amounts owed under this Section are due within ten (10) days of demand and bear interest under Section 7 thereafter.

25GOVERNING LAW

These Legal Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods and UCITA do not apply.

26DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER

The Parties will first attempt informal negotiation of any dispute for at least thirty (30) days after written notice. Any dispute not resolved informally will be finally and exclusively resolved by binding arbitration administered by the AAA under its Commercial Arbitration Rules (or Consumer Arbitration Rules where required), before a single arbitrator, in Santa Clara County, California, except where AAA rules or law require otherwise. Judgment on the award may be entered in any court of competent jurisdiction. The arbitration and all filings and awards are confidential. If the arbitrator finds any claim frivolous or brought in bad faith, the claimant pays all arbitration fees and the other Party's attorneys' fees. YOU UNDERSTAND THAT ABSENT THIS PROVISION YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL; THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL.

Class Action Waiver. To the fullest extent permitted by law, no arbitration or proceeding shall be joined or consolidated with another; no dispute may proceed on a class, collective, or representative basis; and relief may be awarded only individually.

Time Limit. Any dispute must be brought within one (1) year after the claim arose or is permanently barred, unless a longer period is required by law.

Exceptions. Not subject to arbitration: (a) disputes concerning intellectual property rights; (b) claims for injunctive or equitable relief; (c) Myuser actions to collect amounts owed; and (d) individual small-claims matters. Any court proceeding shall be brought exclusively in the state or federal courts in Santa Clara County, California, and the Parties consent to jurisdiction and venue there. If the Class Action Waiver is unenforceable as to a claim, that claim (only) proceeds in court.

27U.S. GOVERNMENT MATTERS

The Services are "commercial products" and "commercial computer software" (FAR 2.101; DFARS 252.227-7014). Government use is subject to these Legal Terms with only those rights customarily provided to commercial customers (FAR 12.211/12.212; DFARS 227.7202).

28MISCELLANEOUS

Independent Parties. No partnership, joint venture, franchise, employment, fiduciary, or agency relationship is created (except the limited authorized-representative appointment in Section 4 and any agency expressly stated in the Payment Legal Terms). You may not bind Myuser to anything.

Assignment. You may not assign, transfer, sublicense, or delegate these Legal Terms or any rights or obligations without Myuser's prior written approval, which may be granted or withheld in Myuser's sole discretion; attempted assignments are void. Myuser may freely assign these Legal Terms, including in a merger, acquisition, reorganization, or asset sale.

Force Majeure. Myuser is not liable for any delay or failure caused by events beyond its reasonable control, including acts of God or government, bank, vendor, or carrier actions, labor disputes, internet or utility failures, epidemics, or war or terrorism.

Notices. Notices to Myuser must be in writing to Myuser LLC, 21060 West Homestead Road, Apt 208, Cupertino, CA 95014, United States, with a copy to [email protected], effective on receipt. Notices to you may be given by email, dashboard, or posting to the Site, effective when sent or posted.

Severability; Waiver; Interpretation. Unenforceable provisions are severed without affecting the remainder, which is enforced to the fullest extent permissible. Myuser's failure to enforce any provision is not a waiver. Headings are for convenience; "including" means "including without limitation"; these Legal Terms are not construed against the drafter.

Entire Agreement; Acceptance. These Legal Terms, together with the Privacy Policies, the Payment Legal Terms (https://main.myusersend.com/payment_legal), any Specific Services Terms, any Resale Permission, and any Order Form, constitute the entire agreement regarding their subject matter and supersede all prior understandings. By purchasing, accessing, or using the Services or AI Credits, you accept these Legal Terms.

29CONTACT US