Terms of Service

1. Introduction

Welcome to Spreadcheer LLC ("we," "our," or "us", or "Spreadcheer"). These Terms of Service ("Terms") govern your access to and use of the Spreadcheer website, platform, applications, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

Spreadcheer provides:

• Review management tools, including NFC smart cards and text messaging capabilities for collecting and managing Google reviews
• AI-powered social media content generation and scheduling services
• Automated posting to Instagram and Facebook
• AI-generated images and text for marketing purposes

2. Acceptance of Terms

By creating an account, accessing our platform, or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using our Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

3. AI Services Terms and Limitations

3.1 Nature of AI Services

(a) AI Limitations and Errors

• This AI system may occasionally produce inaccurate, incomplete, or fabricated information (commonly called "hallucinations")
• AI-generated content may contain factual errors, outdated information, or misleading statements
• AI-generated images may not accurately represent reality or may include unintended elements
• The Services are powered by generative artificial intelligence, and given the rapidly evolving nature of this technology, the Services may produce inaccurate information about people, places, or facts

(b) Non-Uniqueness of AI Output

• Due to the nature of our Services and artificial intelligence generally, output may not be unique
• Other users may receive similar or identical output from our Services
• You do not receive exclusive rights to AI-generated content

(c) No Professional Advice

AI-generated content does not constitute and should not be relied upon as:

• Legal advice or legal documents
• Medical advice or health decisions
• Financial advice or investment decisions
• Professional consultation of any kind
• Safety-critical applications

(d) Copyright and IP Uncertainty

• Output generated solely by artificial intelligence without substantial human creative input may not be eligible for copyright protection under current U.S. law and may be in the public domain
• The assignability and scope of intellectual property rights in Output, if any, depends on applicable law and the extent of human creative contribution
• The law regarding AI and intellectual property is rapidly evolving, and determinations may change or clarify the legal landscape

3.2 Mandatory User Responsibilities

YOU ACKNOWLEDGE AND AGREE THAT:

1. You are solely responsible for all content you generate using the Services
2. You MUST conduct meaningful human review of all AI-generated content (text and images) before publishing or distributing
3. You MUST verify factual accuracy before using AI-generated content for any material purpose
4. You should scrutinize the veracity of any information included in AI-generated content
5. To the extent you rely upon the factual accuracy or legal compliance of any AI-generated content, you do so entirely at your own risk
6. AI-generated content is not a substitute for professional advice or expert judgment
7. You must not represent AI-generated content as being wholly generated by a human
8. It is a human who must take ultimate responsibility for the content being published

3.3 Prohibited Uses of AI Features

You agree NOT to use our AI services to:

• Create fake reviews, testimonials, or endorsements
• Generate deceptive or misleading content
• Impersonate any person or entity
• Create content that violates third-party intellectual property rights
• Generate spam or inauthentic engagement
• Create hate speech, harassment, or illegal content
• Violate Instagram Community Guidelines, Meta policies, or other platform terms
• Generate content depicting illegal activities
• Create deepfakes or manipulated media intended to deceive
• Generate content for political disinformation campaigns
• Create content that could cause harm to minors

Violation of these prohibited uses may result in immediate account termination and may expose you to legal liability.

4. Social Media Services - Instagram and Facebook Integration

4.1 Instagram API Services

(a) Instagram may suspend or terminate your account for violations of their policies

• Spreadcheer cannot prevent Instagram from taking action against your account
• We are not liable for any account suspension, restriction, or termination
• Using ANY third-party automation tool carries inherent risks
• Instagram's policies and enforcement actions are beyond our control

(b) Instagram Rate Limits and Restrictions

This service is subject to Instagram's API rate limits:

• 25 posts maximum per 24-hour period per Instagram Business account
• 200 API requests per hour
• These limits are set by Instagram/Meta and cannot be increased by Spreadcheer
• Exceeding these limits may result in temporary service interruption
• Only Instagram Business or Creator accounts are supported (personal accounts are not compatible)

(c) Instagram Policy Compliance

By using our Instagram integration, you acknowledge and agree that:

• You are solely responsible for all content posted through our service
• Your use of Instagram through our service is subject to Instagram's Terms of Use, Community Guidelines, and all applicable Meta policies
• You must maintain an Instagram Business or Creator account in good standing
• You are responsible for ensuring your content complies with all Instagram policies
• Content that violates Instagram guidelines may receive immediate rejection through the API
• Repeated violations may result in account strikes or permanent suspension

4.2 AI Content Labeling Requirements

Meta/Instagram requires disclosure of AI-generated content in certain circumstances. You agree to:

• Properly label AI-generated content when required by platform policies
• Not misrepresent AI-generated content as human-created when material to the content
• Comply with all platform-specific requirements for disclosing synthetic media
• For political or social issue content, explicitly disclose when content is AI-generated

4.3 Account Connection and Authorization

To use social media posting features, you must:

• Own or have authorization to manage the social media accounts you connect
• Connect only Instagram Business or Creator accounts (personal accounts are not supported)
• Grant necessary permissions for content publishing
• Comply with the terms of service of each social media platform
• Maintain your social media accounts in good standing

4.4 Content Posting Disclaimer

When using our social media posting services:

• You are responsible for all content posted through our platform
• You must ensure content complies with platform community guidelines
• We post content on your behalf based on your instructions and schedule
• We do not guarantee successful posting in all circumstances
• Platform rate limits, account restrictions, or technical issues may prevent posting
• We reserve the right to refuse to post content that violates our policies or platform policies

4.5 Facebook Business Page Integration

Your use of Facebook through our service is subject to:

• Facebook's Terms of Service
• Facebook's Community Standards
• Facebook Pages Terms

You are responsible for:

• Maintaining a valid Facebook Business Page
• Ensuring your content complies with Facebook's policies
• Managing your Facebook Page permissions and access
• Reviewing all content before it publishes to Facebook

Rate Limits:

• Facebook may impose rate limits on API usage
• Failed posts due to Facebook restrictions are not our responsibility
• We will notify you of publishing failures when possible

Account Risks:

• Facebook may suspend or restrict your Page for policy violations
• We are not liable for any Facebook Page suspension, restriction, or termination
• Using third-party automation tools carries inherent risks
• Facebook's policies and enforcement actions are beyond our control

4.6 TikTok Integration Services

(a) TikTok Account Suspension Risks

• TikTok may suspend or terminate your account for violations of their Community Guidelines
• Spreadcheer cannot prevent TikTok from taking action against your account
• We are not liable for any account suspension, restriction, or termination
• TikTok's policies and enforcement actions are beyond our control

(b) TikTok API Limitations

• Videos only: TikTok does not support image posts
• Async processing: Videos upload to TikTok and enter "processing" status
• Processing can take 1-30 minutes depending on video size and TikTok server load
• Status monitoring via automated checks every 5 minutes
• Token refresh required every 6 hours (automated)

(c) TikTok Policy Compliance

By using our TikTok integration, you acknowledge and agree that:

• You are solely responsible for all video content posted through our service
• Your use of TikTok through our service is subject to TikTok's Terms of Service and Community Guidelines
• You must maintain a TikTok account in good standing
• You are responsible for ensuring your content complies with all TikTok policies
• Content that violates TikTok guidelines may be rejected or removed
• Repeated violations may result in account restrictions or permanent ban

(d) No Guarantee of Service

• We do not guarantee successful posting to TikTok in all circumstances
• TikTok API changes, downtime, or restrictions may prevent posting
• Video processing failures are outside our control
• We will notify you of posting failures when possible
• Failed posts may be retried automatically or manually

5. Intellectual Property Rights and AI Content Ownership

5.1 Our Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, button icons, images, audio clips, and software, are owned by Spreadcheer or our licensors and are protected by copyright, trademark, and other intellectual property laws.

5.2 Your Input Content

You retain all rights to the content you provide as input to our AI services ("Input"), including:

• Business information and profiles
• Text prompts and instructions
• Images you upload
• Any other materials you provide

You represent and warrant that:

• You own or have obtained all necessary rights to provide all Input
• Your Input does not infringe any third-party intellectual property rights
• You have identified and obtained permissions for any third-party materials in Input
• You comply with all terms applicable to third-party materials including attribution requirements
• You will not use Input in a manner exposing Spreadcheer to claims about unlawfully obtained materials

5.3 AI-Generated Output Ownership

Subject to your compliance with these Terms, we hereby assign to you all of our right, title, and interest, if any, in and to any content generated by the Services in response to your Input ("Output").

IMPORTANT QUALIFICATIONS:

(a) Copyright Uncertainty

• Output may not be unique and other users may receive similar or identical Output from the Services
• The assignability and scope of intellectual property rights in Output, if any, depends on applicable law and the extent of human creative contribution
• Output generated solely by artificial intelligence without substantial human creative input may not be eligible for copyright protection under current U.S. law and may be in the public domain
• We make no representations or warranties regarding the copyrightability of Output

(b) Output Non-Exclusivity

You acknowledge and agree that:

• Output may not be unique
• Other users may receive similar or identical Output from the Services
• You do not receive exclusive rights to Output
• We may generate similar content for other users

(c) Third-Party Rights

• You are responsible for determining whether Output infringes any third-party rights
• We do not warrant that Output is free from third-party intellectual property claims
• You assume all risk of third-party infringement claims related to your use of Output

5.4 Limited License to Use Our Services

We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services for their intended purposes. You may not:

• Modify, copy, or create derivative works based on our Services (except for Output)
• Reverse engineer, decompile, or attempt to extract the source code of our software
• Remove any copyright, trademark, or other proprietary notices
• Use our Services for any commercial purpose not expressly authorized by us
• Attempt to circumvent any rate limits, access controls, or security measures

6. Account Registration

To access certain features of our Services, you must register for an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access to your account
• Be responsible for all activities that occur under your account

7. Customer Responsibilities

7.1 Compliance with Laws and Regulations

As a Spreadcheer customer, you are solely responsible for complying with all applicable laws and regulations, including but not limited to:

• A2P 10DLC (Application-to-Person 10-Digit Long Code) regulations
• The CAN-SPAM Act
• The Telephone Consumer Protection Act (TCPA)
• State and local messaging regulations
• Data protection and privacy laws
• FTC regulations regarding AI-generated content and reviews
• Meta Platform Terms and Instagram Community Guidelines
• Copyright and intellectual property laws
• State-specific AI disclosure requirements

7.2 Consent for Text Messaging

You represent and warrant that you have obtained all necessary consents and permissions from your customers or end users before requesting that Spreadcheer send text messages on your behalf. You must:

• Obtain explicit consent from individuals before sending them text messages
• Provide clear notice about the types of messages they will receive
• Honor opt-out requests promptly
• Maintain records of consent

7.3 Content Restrictions

You agree not to use our Services to:

• Send unsolicited messages (spam)
• Transmit any harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable content
• Impersonate another person or entity
• Infringe or violate the intellectual property rights or any other rights of others
• Violate any law, regulation, or contractual obligation
• Create fake or misleading reviews or testimonials using AI
• Generate deceptive AI content for marketing purposes
• Violate social media platform policies or community guidelines
• Violate TikTok Community Guidelines or Terms of Service

7.4 Use of AI-Generated Content

You acknowledge that when using our AI-powered features:

• AI-generated content should be reviewed before sending to customers or posting to social media
• You are responsible for the accuracy and appropriateness of all content sent to customers or posted through our platform, even if generated by our AI
• You will not use AI-generated content to create fake or misleading reviews, testimonials, or social media engagement
• You will comply with FTC guidelines regarding disclosure of AI-generated content
• You will properly label AI-generated content when required by platform policies

8. Spreadcheer Services

8.1 Text Messaging Services

Spreadcheer sends text messages to your customers on your behalf. We are acting as your service provider, and you remain the data controller of your customers' information. You understand and agree that:

• You must comply with all texting regulations and obtain proper consent
• You will provide a clear mechanism for recipients to opt out of messages
• You are responsible for ensuring message content complies with applicable laws
• Standard message and data rates may apply to recipients of text messages

8.2 Review Management

Our Services allow you to collect, manage, and respond to customer reviews. You understand that:

• We do not guarantee a specific number or quality of reviews
• We cannot guarantee removal of negative reviews
• We provide tools to facilitate legitimate review gathering, not to create fake reviews
• Google and other review platforms have their own terms of service that may impact review visibility
• You may not use our AI features to generate fake reviews or testimonials

8.3 NFC Products and Smart Cards

For physical products such as NFC-enabled review cards:

• We will ship products within our standard timeframe unless otherwise specified
• Shipping times are estimates and not guarantees
• You are responsible for using these products in compliance with applicable laws
• Physical products may have separate warranty terms

8.4 AI Content Generation Services

Our AI content generation services create text, images, and social media posts based on your inputs. You understand that:

• AI-generated content requires human review before publication
• We do not guarantee accuracy, completeness, or fitness for any particular purpose
• AI may generate content similar to other users' outputs
• Content may require editing or refinement before use
• You are responsible for all content published using our Services

8.5 Social Media Automation Services

Our social media automation services schedule and post content to your connected accounts (Instagram, Facebook, and TikTok). You understand that:

• Posting is subject to platform API limitations and policies
• We cannot guarantee successful posting in all circumstances
• Platforms may change their APIs or policies without notice
• Your accounts may be suspended or restricted by platforms for policy violations
• We are not responsible for platform actions against your accounts

9. Fees and Payment

9.1 Subscription Fees

You agree to pay all fees associated with your subscription plan. Unless otherwise stated:

• Subscription fees are charged in advance
• All fees are non-refundable unless explicitly stated otherwise
• We may change our fees upon notice

9.2 Payment Processing

We use third-party payment processors to bill you. By providing your payment information, you authorize us to charge your payment method and represent that you have the legal right to use that payment method.

10. Warranties, Disclaimers, and Limitation of Liability

10.1 AI Service Disclaimers

DISCLAIMER OF WARRANTIES FOR AI SERVICES:

THE AI-POWERED FEATURES OF THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPREADCHEER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF ACCURACY, COMPLETENESS, OR RELIABILITY OF AI-GENERATED CONTENT
• WARRANTIES THAT AI OUTPUT WILL BE ERROR-FREE, FACTUALLY CORRECT, OR FIT FOR ANY PARTICULAR PURPOSE
• WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT AI-GENERATED CONTENT WILL NOT INFRINGE THIRD-PARTY RIGHTS
• WARRANTIES REGARDING THE COPYRIGHTABILITY OR OWNERSHIP OF AI-GENERATED CONTENT

WE DO NOT WARRANT THAT:

• AI-generated content will be accurate, complete, or suitable for your needs
• AI-generated images will accurately represent reality or match your expectations
• Output will be unique to you or free from third-party rights claims
• The Services will meet your specific requirements
• Service operation will be uninterrupted or error-free

10.2 Social Media Platform Disclaimers

DISCLAIMER OF WARRANTIES FOR SOCIAL MEDIA SERVICES:

SPREADCHEER DOES NOT WARRANT THAT:

• Your Instagram, Facebook, TikTok, or other social media accounts will remain active or in good standing
• Social media platforms will not take action against accounts using third-party tools
• Posts will successfully publish in all circumstances
• Platform APIs or policies will remain unchanged
• You will not experience loss of followers, engagement, or content

10.3 General Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF THE SERVICES.

10.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPREADCHEER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

(a) AI-Related Damages

• Any damages arising from inaccurate, incomplete, or misleading AI-generated content
• Copyright or intellectual property infringement claims related to AI-generated Output
• Any reliance on AI-generated content for important decisions
• Business losses resulting from AI errors or hallucinations
• Damage to reputation from inappropriate AI-generated content

(b) Social Media Platform Damages

• Instagram or other social media account suspension, restriction, or termination
• Loss of followers, engagement, or social media content
• Social media platform API changes or service interruptions
• Violation of platform policies resulting in account penalties
• Any platform actions beyond our control

(c) General Damages

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOST PROFITS, LOST REVENUE, LOST DATA, OR LOSS OF GOODWILL
• DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICES
• DAMAGES FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT
• DAMAGES FROM ERRORS, MISTAKES, OR INACCURACIES OF CONTENT

THIS LIMITATION APPLIES:

• Whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory
• Even if Spreadcheer has been advised of the possibility of such damages
• Even if a remedy fails of its essential purpose

10.5 Cap on Liability

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES SHALL BE LIMITED TO THE GREATER OF:

• (a) THE AMOUNT YOU HAVE PAID TO SPREADCHEER IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR
• (b) ONE HUNDRED DOLLARS ($100.00)

This cap applies to all causes of action in the aggregate, including breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and any other tort.

11. Indemnification

11.1 User Indemnification Obligations

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

(a) Your Use of the Services

• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your failure to comply with applicable laws and regulations

(b) SMS and Review Services

• Your failure to comply with A2P 10DLC, CAN-SPAM, and TCPA requirements
• Claims related to text messages sent on your behalf
• Your collection and management of customer reviews

(c) AI-Generated Content

• Your Input provided to our AI services
• Your use or distribution of AI-generated Output
• Any misleading, false, or inaccurate information contained in your AI-generated content
• Your reliance on AI-generated content for material decisions
• Claims that AI-generated Output infringes copyright or other intellectual property rights
• Your failure to conduct meaningful human review before publishing AI-generated content
• Violations of FTC regulations related to AI-generated reviews or testimonials

(d) Social Media and Platform Violations

• Your violation of Instagram Terms of Use, Community Guidelines, or Meta policies
• Your violation of TikTok Terms of Service or Community Guidelines
• Your violation of any other social media platform policies
• Content posted through our Services to your social media accounts
• Claims arising from your social media posts, whether AI-generated or otherwise
• Account actions taken by platforms against your accounts

(e) Third-Party Rights

• Infringement of third-party intellectual property rights
• Infringement of privacy, publicity, or other personal rights
• Defamation or other harm caused by your content

11.2 Defense and Settlement

Spreadcheer reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate with our defense of such claims. You may not settle any claim without Spreadcheer's prior written consent.

12. Privacy

Your privacy is important to us. Our Privacy Policy, incorporated into these Terms by reference, explains how we collect, use, and disclose information about you. By using our Services, you consent to our collection and use of information as described in our Privacy Policy.

Specific to AI Services:

• We may use your Input and Output to improve our AI models unless you opt-out
• We share data with third-party AI providers (OpenAI, Anthropic) as described in our Privacy Policy
• You have the right to opt-out of AI model training
• See our Privacy Policy for complete details on AI data processing

13. DMCA and Copyright Infringement

13.1 Copyright Policy

Spreadcheer respects the intellectual property rights of others and expects users to do the same. We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA).

13.2 DMCA Takedown Notices

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement through our Services, please provide our Copyright Agent with the following information:

• A physical or electronic signature of the copyright owner or authorized representative
• Identification of the copyrighted work claimed to have been infringed
• Identification of the allegedly infringing material and its location
• Your contact information (address, telephone number, email)
• A statement that you have a good faith belief that the use is not authorized
• A statement that the information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner

Copyright Agent Contact:

Email: Legal@spreadcheer.co

Subject Line: "DMCA Takedown Notice"

13.3 Counter-Notices

If you believe your content was removed by mistake or misidentification, you may file a counter-notice containing:

• Your physical or electronic signature
• Identification of the removed content and its prior location
• A statement under penalty of perjury that removal resulted from mistake or misidentification
• Your name, address, phone number, and consent to jurisdiction

13.4 Repeat Infringer Policy

We will terminate accounts of users who are repeat infringers of copyright.

14. Term and Termination

14.1 Term

These Terms will remain in effect until terminated by either you or us.

14.2 Termination by You

You may terminate these Terms at any time by:

• Canceling your account through your account settings
• Ceasing all use of the Services
• Disconnecting all connected social media accounts

You will remain responsible for all fees incurred before termination.

14.3 Termination by Us

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you:

• Breach these Terms
• Violate our prohibited uses policies
• Use our Services to generate prohibited content
• Engage in fraudulent or illegal activity
• Violate third-party rights
• Use AI features to create fake reviews or deceptive content
• Cause harm to social media platform integrations through policy violations

Upon termination, your right to use the Services will immediately cease.

14.4 Effect of Termination

Upon termination, all provisions of these Terms that by their nature should survive termination shall survive, including:

• Ownership provisions
• Warranty disclaimers
• Indemnity obligations
• Limitations of liability
• Intellectual property licenses and assignments (to the extent already granted)

Additionally:

• Social media access tokens will be deleted within 24 hours
• Scheduled posts will no longer be published
• You must revoke access through each social media platform's settings
• Personal account data will be deleted within 30 days (see Privacy Policy)

15. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

• Posting the new Terms on our website with an updated "Last Updated" date
• Sending an email notification to your registered email address
• Displaying a prominent notice within the Services

Important:

The law regarding AI and intellectual property is rapidly evolving. Courts, legislatures, and regulatory agencies continue to address these issues, and their determinations may change or clarify the legal landscape. We reserve the right to modify these Terms as the legal framework evolves.

Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of them. If you do not agree to the modified Terms, you must stop using the Services.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Spreadcheer concerning your use of the Services.

16.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of New York, without giving effect to any principles of conflicts of law.

16.3 Dispute Resolution

Any dispute arising from or relating to these Terms or the Services shall be resolved through binding arbitration conducted in Buffalo, New York, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

CLASS ACTION WAIVER: YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

16.4 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent possible under law.

16.5 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

16.6 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms at our sole discretion without restriction.

16.7 Force Majeure

Spreadcheer shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including:

• Acts of God, natural disasters, or severe weather
• Government actions, laws, or regulations
• War, terrorism, or civil unrest
• Strikes or labor disputes
• Social media platform API changes or outages
• Third-party AI service provider outages or changes
• Internet or telecommunications failures

16.8 Notices

All notices required under these Terms shall be delivered to:

• For Spreadcheer: Legal@spreadcheer.co
• For You: The email address associated with your account

17. Contact Information

If you have any questions about these Terms, please contact us at:

Email: Legal@spreadcheer.co

For technical support: support@spreadcheer.co

For privacy inquiries: privacy@spreadcheer.co

For copyright/DMCA notices: Legal@spreadcheer.co (Subject: "DMCA Takedown Notice")

18. AI-Specific Acknowledgments and Pre-Use Agreement