Terms of Service

1. Acceptance of Terms

By accessing or using the Secret Agent Digital Marketing ("SADM," "we," "us," or "our") platform — including the CyborgCRM application, website builder, content scheduling tools, and AI-powered marketing services available at https://secretagentdigitalmarketing.com — you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not access or use the platform.

2. Description of Services

SADM provides a digital marketing platform that includes content scheduling, CRM management, analytics reporting, AI content generation, website building, social media publishing, and related marketing services. The platform enables you to connect social media accounts (including Facebook Pages, Instagram Business, and LinkedIn) to publish content you create or schedule.

We reserve the right to modify, suspend, or discontinue any feature at any time without notice. We are not liable for any modification, suspension, or discontinuance of the platform.

3. User Eligibility

You must be at least 18 years old and legally able to enter into binding contracts to use the platform. By registering, you represent and warrant that you meet these requirements and that the information you provide is accurate and complete.

4. Your Account

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use or security breach. We are not liable for any loss or damage arising from unauthorized account access.

5. Acceptable Use

You agree not to:

• Use the platform for any unlawful purpose or in violation of any local, state, national, or international law;
• Post, upload, or publish content that is defamatory, infringing, fraudulent, harassing, or otherwise objectionable;
• Infringe upon the intellectual property rights, privacy, or other rights of any third party;
• Attempt to disrupt, overload, or gain unauthorized access to the platform's infrastructure, APIs, or data;
• Use automated scripts, bots, or scrapers to extract data from the platform without our prior written consent;
• Resell, sublicense, or redistribute access to the platform without authorization;
• Connect social media accounts you do not own or have not been authorized to manage.

6. User Content

Ownership: You retain all rights to the content you create, upload, or schedule through the platform. You grant SADM a limited, non-exclusive license to host, store, process, and publish your content solely as necessary to provide the platform's features.

Responsibility: You are solely responsible for the content you publish. You represent that you have all necessary rights to publish your content and that it complies with applicable laws and platform policies of any connected social media service.

AI-Generated Content: Content generated using AI tools provided on the platform is provided "as is." You are responsible for reviewing and approving all AI-generated content before publication. SADM is not liable for any damages resulting from AI-generated content.

7. Social Media Platform Terms

When you connect social media accounts (Facebook, Instagram, LinkedIn, YouTube) to the platform, your use of those services remains subject to their respective terms of service and community guidelines. SADM is not responsible for actions taken by those platforms, including content removal, account suspension, or API access restrictions. You are responsible for complying with each platform's terms and policies.

8. Intellectual Property

The platform, including its software, design, branding, and original content, is owned by SADM and protected by intellectual property laws. You may not copy, modify, distribute, or reverse-engineer any part of the platform without our prior written consent.

Trademarks, service marks, and logos used on the platform are the property of SADM or their respective owners. Nothing in these Terms grants you any right to use any trademark displayed on the platform.

9. Subscriptions and Billing

Paid subscriptions are billed on a recurring basis (monthly or annually) until cancelled. You authorize us to charge your designated payment method for all applicable fees.

• Cancellation: You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period; no refunds are issued for partial periods.
• Price changes: We may adjust subscription pricing with at least 30 days' notice. Continued use after the effective date constitutes acceptance of the new pricing.
• Taxes: You are responsible for any applicable taxes, duties, or charges imposed in connection with your subscription.
• Free trials: If offered, free trials convert to paid subscriptions at the end of the trial period unless cancelled beforehand.

10. Disclaimers

The platform and all services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. SADM does not warrant that the platform will be uninterrupted, error-free, or secure, or that any content published through the platform will achieve specific results.

11. Limitation of Liability

To the maximum extent permitted by law, SADM and its affiliates, officers, employees, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including loss of profits, data, business, or goodwill — arising from or related to your use of or inability to use the platform, even if advised of the possibility of such damages. Our total aggregate liability shall not exceed the amount you paid to SADM in the 12 months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless SADM and its affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the platform, your content, or your violation of these Terms or any third-party rights.

13. Termination

You may close your account at any time through the platform settings. SADM may suspend or terminate your account and access to the platform immediately, without notice, for any violation of these Terms or if we reasonably believe you pose a risk to the platform or its users. Upon termination, your right to use the platform ceases immediately, and we may delete your data in accordance with our Privacy Policy.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Florida, United States, without regard to conflict-of-law principles. Any dispute arising from these Terms or your use of the platform shall be resolved exclusively in the state or federal courts located in Florida. You consent to the personal jurisdiction of such courts.

15. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or by posting a prominent notice within the platform at least 30 days before the changes take effect. Continued use of the platform after the effective date constitutes acceptance of the revised Terms.

16. Severability

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