Social Playbook

1. Eligibility

To use the Services, you must:

• Be at least 18 years of age, or the age of legal majority in your jurisdiction, whichever is greater.
• Have the legal capacity to enter into a binding agreement.
• Not be prohibited from using the Services under applicable law.
• If using the Services on behalf of a business, have authority to bind that business to these Terms.

We reserve the right to refuse access to the Services to any person or entity at our sole discretion.

2. Account Registration and Security

To access the full functionality of the Services, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information to keep it accurate and complete.
• Maintain the confidentiality of your account credentials and not share them with any third party.
• Notify us immediately at support@socialplaybook.io if you suspect unauthorized access to or use of your account.
• Accept responsibility for all activities that occur under your account, whether or not authorized by you.

We reserve the right to suspend or terminate accounts that contain inaccurate information, that have been inactive for an extended period, or that we reasonably believe have been compromised.

3. Description of Services

3.1 Core Functionality

Social Playbook provides a subscription-based AI-powered social media strategy platform for small businesses. The Services include:

• An Initial Foundational Playbook generated from a one-time analysis of up to six months of competitor social media data.
• Recurring Weekly Strategy Updates based on the previous seven days of competitor activity.
• A Content Calendar with post-by-post instructions tailored to your selected platforms and goals.
• Competitor tracking and analysis across Instagram, TikTok, Facebook, and X (Twitter).

3.2 AI-Generated Content

The Services use artificial intelligence and large language model (LLM) technology to generate strategic recommendations, content ideas, captions, and other outputs (collectively, "AI Outputs"). You acknowledge and agree that:

• AI Outputs are generated algorithmically and are not reviewed by a human social media professional before delivery.
• AI Outputs are provided for informational and strategic guidance purposes only. They do not constitute professional marketing, advertising, legal, or financial advice.
• AI Outputs may occasionally be inaccurate, incomplete, outdated, or unsuitable for your specific business. You are solely responsible for reviewing and exercising independent judgment before acting on any AI Output.
• Social Playbook makes no guarantee that AI Outputs will produce any particular business result, including increased followers, engagement, revenue, or brand awareness.

3.3 Competitor Data

The Services analyze publicly available social media data from accounts you identify. You represent that:

• You will not use the competitor analysis features to harass, stalk, or unlawfully monitor any individual or organization.
• You understand that the accuracy and completeness of competitor data depends on third-party services and the public availability of data, which may vary over time.

3.4 Platform Availability

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We will make reasonable efforts to provide advance notice of material changes. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Services.

4. Subscriptions and Billing

4.1 Subscription Plans

Access to the full Services requires a paid subscription. We offer the following monthly subscription tiers:

• Starter: track up to 3 competitors, weekly strategy updates.
• Growth: track up to 6 competitors, weekly strategy updates.
• Pro: track up to 10 competitors, weekly strategy updates.

Plan features, pricing, and limits are as set forth on our pricing page and are subject to change with reasonable advance notice.

4.2 Free Preview

Prior to subscribing, you may view a limited preview or teaser of your generated playbook insights. Full access to strategy outputs, content calendars, and weekly updates requires an active paid subscription.

4.3 Billing and Payment

All subscriptions are billed on a monthly basis in advance. By subscribing, you authorize Social Playbook to charge your designated payment method through our payment processor, Stripe, on a recurring monthly basis until you cancel. You agree to Stripe's Terms of Service and authorize Stripe to store your payment information for recurring billing purposes. You are responsible for ensuring your payment information is accurate and up to date. If a payment fails, we reserve the right to suspend or terminate your access to the Services.

4.4 Price Changes

We reserve the right to change subscription pricing at any time. We will provide at least 30 days' advance notice of any price increase via email to the address associated with your account. Your continued use of the Services after a price change takes effect constitutes your acceptance of the new pricing.

4.5 Cancellation Policy

You may cancel your subscription at any time through your account settings or by contacting us at support@socialplaybook.io. Upon cancellation:

• Your subscription will remain active through the end of the current paid billing period.
• You will retain access to the Services until the end of that billing period.
• No partial refunds or credits will be issued for unused time remaining in a billing period.
• All subscription fees paid are non-refundable except as expressly set forth in Section 4.6 below or as required by applicable law.

4.6 Refunds

We do not offer refunds except: (a) where required by applicable law; or (b) in our sole and absolute discretion in response to documented technical failures that rendered the Services substantially unusable for an extended period. All refund requests must be submitted to support@socialplaybook.io within 30 days of the charge in question.

4.7 Tier Enforcement

Access to competitor tracking is limited to the number of competitors permitted under your subscription tier. Downgrading your plan may result in the removal of competitor tracking for competitors exceeding your new tier limit. We are not responsible for any loss of data or insights resulting from a plan downgrade.

5. Intellectual Property

5.1 Our Intellectual Property

The Services, including all software, technology, algorithms, models, designs, text, graphics, logos, and other content created by Social Playbook (collectively, "Social Playbook Content"), are owned by Social Playbook LLC or our licensors and are protected by United States and international intellectual property laws. Nothing in these Terms grants you any ownership interest in Social Playbook Content. Subject to your compliance with these Terms and maintenance of an active paid subscription, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your own internal business purposes.

5.2 AI Outputs and License

AI Outputs generated by the Services are produced using our proprietary AI systems, your business profile inputs, and third-party data. As between you and Social Playbook:

• You are granted a limited, non-exclusive license to use AI Outputs for your own personal or internal business social media activities during the term of your subscription.
• Social Playbook LLC retains all right, title, and interest in and to the AI Outputs, including the right to use aggregated, de-identified versions of AI Outputs to train, improve, and develop our AI models and Services.
• You may not sublicense, resell, redistribute, or commercially exploit AI Outputs as standalone products or services without our prior written consent.
• Social Playbook does not warrant that AI Outputs are free from third-party intellectual property claims. You are solely responsible for ensuring your use of AI Outputs complies with applicable law and does not infringe third-party rights.

5.3 Your Content and Inputs

You retain ownership of all business information, competitor handles, and other inputs you provide to the Services ("User Inputs"). By providing User Inputs, you grant Social Playbook a worldwide, royalty-free, non-exclusive license to use, process, and analyze your User Inputs solely for the purpose of providing and improving the Services. You represent and warrant that your User Inputs do not violate any third-party rights, applicable law, or these Terms.

5.4 Feedback

If you provide us with feedback, suggestions, or ideas regarding the Services ("Feedback"), you grant Social Playbook an irrevocable, perpetual, royalty-free, worldwide license to use, incorporate, and commercialize such Feedback without compensation or attribution to you.

6. Acceptable Use Policy

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services in any manner that violates applicable federal, state, local, or international law or regulation.
• Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code of the Services or any underlying AI models.
• Scrape, crawl, or systematically extract data from the Services without our prior written consent.
• Circumvent, disable, or otherwise interfere with security features of the Services, including features that prevent copying or limit use.
• Use the Services to transmit or facilitate the transmission of unsolicited communications, spam, or malicious code.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Access or attempt to access accounts or data belonging to other users.
• Use the Services to generate content that is defamatory, harassing, threatening, obscene, or that violates any third-party rights.
• Share, resell, or sublicense access to the Services to third parties without our prior written consent.
• Use the Services in any way that could damage, overburden, impair, or compromise our systems or infrastructure.

We reserve the right to investigate and take appropriate legal action against anyone who violates this Acceptable Use Policy, including suspending or terminating their account.

7. Third-Party Services and Integrations

The Services rely on and integrate with third-party platforms and services, including Apify (data scraping), Stripe (payments), OpenAI or Anthropic (AI generation), Google Analytics, Meta Pixel, and Intercom. Your use of these third-party services is governed by their respective terms of service and privacy policies. Social Playbook is not responsible for the acts or omissions of any third-party service provider. The Services also analyze publicly available data from social media platforms including Instagram, TikTok, Facebook, and X. Your use of the Services does not grant you any rights under the terms of service of those platforms, and you are solely responsible for ensuring your social media activity complies with the applicable platform terms.

8. Disclaimers and Limitation of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SOCIAL PLAYBOOK LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY AI OUTPUTS, COMPETITOR DATA, OR STRATEGIC RECOMMENDATIONS; WARRANTIES THAT THE SERVICES WILL MEET YOUR SPECIFIC BUSINESS NEEDS OR PRODUCE ANY PARTICULAR RESULT. YOU ACKNOWLEDGE THAT SOCIAL MEDIA ALGORITHMS AND PLATFORM BEHAVIORS CHANGE FREQUENTLY AND THAT SOCIAL PLAYBOOK CANNOT GUARANTEE THE EFFECTIVENESS OF ANY STRATEGY RECOMMENDATION.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SOCIAL PLAYBOOK LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, GOODWILL, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SOCIAL PLAYBOOK LLC'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO SOCIAL PLAYBOOK IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY. IN SUCH JURISDICTIONS, THE ABOVE LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW.

10. Indemnification

You agree to indemnify, defend, and hold harmless Social Playbook LLC and its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your use of or access to the Services.
• Your violation of these Terms.
• Your violation of any third-party rights, including intellectual property rights or privacy rights.
• Any content, inputs, or competitor data you submit to the Services.
• Your use or publication of any AI Outputs.

11. Dispute Resolution

Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Agreement to Arbitrate. You and Social Playbook LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services ("Dispute") shall be resolved exclusively by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures, except as set forth below. The arbitration shall be conducted in California. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

Exceptions to Arbitration. Either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights or misuse of confidential information. Small claims court actions within applicable jurisdictional limits are also excluded from arbitration.

Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND SOCIAL PLAYBOOK LLC EACH WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. ALL DISPUTES MUST BE BROUGHT IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If a court or arbitrator finds this class action waiver unenforceable, then the arbitration agreement in this Section shall be null and void and the Dispute shall proceed in court.

Opt-Out Right. You may opt out of this arbitration agreement by sending written notice to support@socialplaybook.io within 30 days of first accepting these Terms. Your opt-out notice must include your name, account email address, and a clear statement that you opt out of arbitration.

11.1 Governing Law

Regardless of the dispute resolution mechanism selected above, these Terms are governed by the laws of the State of California, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

11.2 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to contact us at support@socialplaybook.io and provide a written description of the Dispute and your desired resolution. The parties agree to attempt to resolve the Dispute informally for a period of 30 days before either party commences formal proceedings.

12. Term and Termination

These Terms are effective from the date you create an account and continue until terminated. Either party may terminate the relationship at any time as follows:

• You may terminate by cancelling your subscription and ceasing use of the Services.
• We may suspend or terminate your account at any time, with or without cause, upon reasonable notice where practicable. We may terminate immediately without notice if we determine that you have materially violated these Terms, engaged in fraudulent activity, or pose a risk to the security or integrity of the Services.

Upon termination: (a) your license to use the Services immediately ends; (b) you will lose access to your account, playbook history, and all associated data; and (c) accrued payment obligations remain due. We are not obligated to retain or export your data following termination. Sections 5, 7, 8, 9, 10, 11, 12, and 13 survive termination of these Terms.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms applicable to specific features of the Services, constitute the entire agreement between you and Social Playbook LLC with respect to the subject matter hereof and supersede all prior or contemporaneous communications, whether oral or written.

13.2 Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will provide at least 30 days' advance notice by posting the updated Terms on our website and, where appropriate, by emailing the address associated with your account. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must cancel your subscription and cease use of the Services.

13.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

13.4 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Social Playbook LLC.

13.5 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may freely assign our rights and obligations under these Terms, including in connection with a merger, acquisition, or sale of assets, with notice to you.

13.6 Force Majeure

Social Playbook LLC shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, internet outages, or government actions.

13.7 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights. Only you and Social Playbook LLC have rights under these Terms.

13.8 Notices

We may provide notices to you via email, in-app notification, or posting on our website. You may provide legal notices to us by email at support@socialplaybook.io. Notices sent by email are effective upon transmission; notices posted on our website are effective upon posting.

14. Contact Information

For questions, concerns, or legal notices regarding these Terms, please contact:

Social Playbook LLC
Legal & Compliance
Email: support@socialplaybook.io
Website: https://socialplaybook.io