Terms of Service

Agreement to Terms

Welcome to Black White Marketing. These Terms of Service ("Terms") constitute a legally binding agreement between you and Black White Marketing ("we," "our," or "us") governing your access to and use of our website at blackwhitemarketing.com and our AI-powered marketing plan generation 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, you may not access or use our Services. If you are using our Services on behalf of a business or other entity, you represent that you have the authority to bind that entity to these Terms.

Description of Services

Black White Marketing provides an AI-powered platform that generates customized marketing plans for small businesses. Our Services include:

• A comprehensive questionnaire to gather information about your business
• AI-generated marketing plans tailored to your business needs
• Task management features to help implement your marketing strategies
• Different subscription tiers with varying levels of access and features

Account Registration

To access certain features of our Services, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access or security breach

We reserve the right to suspend or terminate your account if any information provided is inaccurate, false, or violates these Terms.

Subscription Plans and Pricing

We offer the following subscription tiers:

• Free: Limited access with up to 5 marketing plans per month and Foundation-level questionnaire.
• Premium ($29.99/month or $239.88/year): Up to 50 marketing plans per month, access to all questionnaire tiers, and High Effort AI generation.
• White Glove (Starting from $449/month or $5,388/year): Unlimited plans, personalized consultation, and dedicated support.

Prices are subject to change with notice. Any price changes will apply to billing periods starting after the change takes effect.

Payment Terms

Billing: Premium subscriptions are billed in advance on a monthly or annual basis. Payment is due at the time of subscription and on each renewal date.

Payment Methods: We accept major credit cards and process payments through Stripe. By providing payment information, you authorize us to charge your payment method for subscription fees.

Failed Payments: If payment fails, we may suspend access to premium features until payment is resolved. We may retry failed payments according to our payment processor's policies.

Taxes: You are responsible for any applicable taxes. Prices displayed may not include taxes, which will be added at checkout where required.

Cancellation and Refunds

Cancellation: You may cancel your subscription at any time through your account settings. Upon cancellation, you will retain access to premium features until the end of your current billing period.

No Refunds: We do not provide refunds for partial billing periods or unused subscription time. All subscription fees are non-refundable. By subscribing, you acknowledge and agree to this no-refund policy.

Downgrade: After cancellation takes effect, your account will be downgraded to the Free tier with its associated limitations.

User Content and Conduct

Your Content: You retain ownership of content you submit to our Services. By submitting content, you grant us a license to use, process, and store that content to provide our Services.

Prohibited Conduct: You agree not to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Submit false, misleading, or fraudulent information
• Interfere with or disrupt our Services or servers
• Attempt to gain unauthorized access to our systems
• Use our Services to send spam or unsolicited communications
• Reverse engineer or attempt to extract our source code or AI models
• Resell or redistribute our Services without authorization
• Share your account credentials with others

Intellectual Property

Our Property: The Services, including our website, software, AI models, logos, trademarks, and content created by us, are owned by Black White Marketing and protected by intellectual property laws. You may not use our intellectual property without our prior written consent.

AI Output: Subject to these Terms, you are granted a license to use AI-generated marketing plans for your business purposes. See our AI Terms for detailed terms regarding AI-generated content.

Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

AI-generated marketing plans are provided for informational purposes only and do not constitute professional advice. Results may vary, and we make no guarantees about the effectiveness of any marketing strategies.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLACK WHITE MARKETING AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM OR RELATED TO YOUR USE OF OUR SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Indemnification

You agree to indemnify, defend, and hold harmless Black White Marketing and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from or related to your use of our Services, your violation of these Terms, or your violation of any rights of another party.

Termination

We may suspend or terminate your access to our Services at any time, with or without cause, and with or without notice. Upon termination, your right to use our Services will immediately cease. Provisions of these Terms that by their nature should survive termination will survive, including ownership, warranty disclaimers, indemnification, and limitations of liability.

Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our Services after changes take effect constitutes acceptance of the modified Terms.

Miscellaneous

Entire Agreement: These Terms, together with our Privacy Policy, AI Terms, and Cookie Policy, constitute the entire agreement between you and Black White Marketing regarding our Services.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

Contact Us

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