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Terms of Service: Agentcy Application

Effective date: May 20, 2026
Last updated: May 10, 2026
Version: 1.0

These Terms of Service (“Terms”) govern your use of Agentcy, an AI-powered marketing platform operated by Agentcy, LLC. The short version:

  • You pay for a subscription. We provide the platform.
  • You own your business data and the marketing materials Agentcy generates for you, subject to the licenses described below.
  • Agentcy uses AI. AI can be wrong, and you are responsible for reviewing what gets published from your account before it goes live. We’ve built mandatory approval workflows for exactly this reason.
  • We don’t sell your data. We don’t use it to train AI models.
  • You can cancel anytime. Annual plans are paid up front and we’ll explain what happens at renewal.
  • If something goes wrong between us, we try to work it out directly. If we can’t, we go to mediation and then to arbitration in Missouri.

The full Terms follow. Where a section has a binding effect that’s especially important — limits on what we’re liable for, how disputes get resolved, what you’re responsible for — that section starts with “In short” so you know what you’re agreeing to before the legal language.

1. Acceptance of these Terms

By creating an account, accessing the Agentcy platform at app.agentcymarketing.co, or using any associated services (collectively, the “Service”), you agree to these Terms and to our Privacy Policy at agentcymarketing.co/privacy-policy. If you do not agree, do not use the Service.

If you are using the Service on behalf of a business or other organization (“Customer”), you represent that you have the authority to bind that organization to these Terms, and “you” refers to that organization. The individual who creates the account is the initial Workspace Owner and is treated as the primary point of contact unless ownership is transferred per § 4.5.

These Terms form a binding agreement between you and Agentcy, LLC, a Missouri limited liability company with its principal place of business in St. Charles County, Missouri (“Agentcy,” “we,” “us,” or “our”).

2. Eligibility

You must be at least 18 years old and legally able to enter binding contracts. The Service is not directed to children, and we do not knowingly collect information from anyone under 13.

You may not use the Service if you are located in a country embargoed by the United States, or if you are on a U.S. government list of restricted parties. You are responsible for complying with all export-control laws applicable to your use of the Service.

3. Definitions

In these Terms:

  • “Customer Content” means anything you submit to the Service or that the Service collects from systems you connect, including but not limited to brand information, business goals, marketing data, performance data, copy, images, files, and information about your audience.
  • “Generated Output” means anything the Service produces in response to your requests or inputs, including strategies, plans, ad copy, social posts, email content, blog posts, images, reports, and analyses.
  • “Connected Account” means a third-party platform (e.g., Google Ads, Meta, Mailchimp, Shopify, Stripe) that you connect to the Service through OAuth or by providing credentials.
  • “Workspace” means your dedicated container within the Service, which holds your Customer Content, Generated Output, and team members.
  • “User” means an individual with access to your Workspace, including you and anyone you invite.
  • “Subscription” means your paid plan (Starter, Growth, or Pro) and any add-ons or top-ups you purchase.

4. Your account and Workspace

4.1 Account creation

To use the Service, you create an account through our authentication provider (currently Clerk). You agree to provide accurate information, keep it current, and maintain the security of your account credentials. You are responsible for all activity that occurs under your account.

4.2 Workspace types

The Service offers two Workspace types:

  • Solo Workspace — one user, one brand.
  • Agency Workspace — one account, multiple brands, multiple users.

Your plan determines the limits on brands, seats, and integrations available to your Workspace.

4.3 User roles

Workspace users have one of three roles:

  • Owner — full control, including billing, team management, and account deletion.
  • Admin — manages brands, integrations, and content, but not billing.
  • Member — uses the platform within the brands they are assigned to.

Roles and their permissions are described in the platform documentation. The Workspace Owner is responsible for all activity within the Workspace, including the actions of Admins and Members they invite.

4.4 Security of your credentials

You must keep your password and any other authentication factor (such as TOTP codes or recovery codes) confidential. Notify us immediately at [email protected] if you believe your account has been accessed without your authorization. You are responsible for losses arising from unauthorized use of your account until you notify us.

4.5 Ownership transfer

The Workspace Owner may transfer ownership to another User in the Workspace through the platform settings or by written request to support. Until transfer is complete, the original Owner remains responsible for the account.

5. Subscription, fees, and billing

5.1 Plans and pricing

In short: You pick a plan. Standard pricing is published at agentcymarketing.co/pricing. Day Zero plans are discounted for 12 months, then revert to standard pricing.

Subscriptions are offered in three tiers — Starter, Growth, and Pro — with monthly or annual billing cycles. Current pricing and features are published at agentcymarketing.co/pricing and are incorporated into these Terms by reference. We may change pricing for future billing cycles with notice as described in § 5.6.

Day Zero access pricing. If you are accepted into the Day Zero access program (limited to the first ten customers), your Subscription is offered at a 50% discount off the standard rate for twelve (12) months from your start date. After twelve months, your Subscription automatically renews at the then-current standard rate for your plan unless you cancel before renewal. We will notify you of the rate change at least thirty (30) days before it takes effect.

5.2 Billing cycle and payment

Subscriptions are billed in advance — monthly Subscriptions on the day of the month you started, annual Subscriptions on the anniversary of your start date.

Payments are processed by our payment processor, Stripe, Inc. By providing payment information, you authorize Stripe to charge the payment method you provide for all amounts owed under these Terms. You agree that your payment information is accurate and that you are authorized to use the payment method.

All fees are in U.S. dollars unless otherwise stated. Fees are exclusive of taxes, which you are responsible for paying.

5.3 Top-ups and usage

In short: If you hit your daily limit you can buy a one-time top-up. Top-up credits expire at midnight UTC the same day. Pro “unlimited” usage is subject to fair use review.

Each plan includes daily AI generation caps that reset at midnight UTC. If you exhaust your cap, you may purchase a one-time top-up:

  • Small top-up: +25 generations for $9
  • Medium top-up: +100 generations for $29

Top-up credits are applied immediately and expire at midnight UTC the same day. Top-up credits do not roll over. Top-ups are non-refundable.

Pro tier usage is described as “unlimited” but is governed by a fair use policy. Automated usage above 5 million input tokens per day or other usage patterns that materially exceed typical use may trigger a manual review. If, after manual review, we determine that your usage is inconsistent with fair use, we may rate-limit your account, require a tier upgrade, or impose reasonable usage caps. We will notify you before taking any such action.

5.4 Auto-renewal

In short: Your Subscription renews automatically. You can turn off renewal anytime in settings.

Subscriptions automatically renew at the end of each billing cycle at the then-current rate for your plan. You may cancel auto-renewal at any time through your account billing settings. If you cancel, your Subscription remains active through the end of the current billing cycle, and you will not be charged for the next cycle.

For annual Day Zero Subscriptions, auto-renewal occurs at the standard (non-discounted) rate after the twelve-month Day Zero period ends. We will email you at least thirty (30) days before that renewal.

5.5 Refunds and cancellation

In short: Monthly plans aren’t refunded mid-cycle. Annual plans get a pro-rated refund within 30 days. Top-ups are non-refundable. We’ll do the right thing if we’ve genuinely failed you.

Except as required by applicable law:

  • Monthly Subscriptions are non-refundable. Cancellation takes effect at the end of the current billing month.
  • Annual Subscriptions are eligible for a pro-rated refund of unused months if cancelled within thirty (30) days of the start of the annual term. After thirty (30) days, annual Subscriptions are non-refundable for the remainder of the term.
  • Top-up purchases are non-refundable.
  • Day Zero access pricing is conditional on annual prepayment. If you cancel a Day Zero Subscription within thirty (30) days of the start of the term, we will refund the prepaid amount on a pro-rated basis for the unused months. After thirty (30) days, Day Zero Subscriptions are non-refundable for the remainder of the twelve-month term.

We may, at our discretion, issue refunds outside of these terms where we believe doing so is fair — particularly if the Service has materially failed to function for you. To request a refund or to cancel, write to [email protected] or use your account settings.

5.6 Price changes

We may change the prices of our plans on prospective renewals. We will notify you at least thirty (30) days before the price change takes effect. Your continued use of the Service after a price change becomes effective constitutes acceptance of the new price.

We will not change the price of a Subscription that has already been paid for during its prepaid term.

5.7 Failed payment

If a payment fails, we will attempt to charge your payment method again according to Stripe’s retry logic. If payment cannot be collected, your Subscription will move to a past-due status. Past-due Subscriptions lose write access to the platform (you can still read your data and export it) and are cancelled if not made current within thirty (30) days.

5.8 Taxes

You are responsible for all sales, use, value-added, withholding, and similar taxes (excluding taxes on our income). If we are required to collect such taxes, we will add them to your invoice.

6. Your data, our use, ownership

In short: You own what you put in. You own the outputs we create for you. You give us a license to process your data only so we can run the platform for you. We do not sell your data. We do not train AI on it.

6.1 Customer Content — you own it

As between you and Agentcy, you retain all right, title, and interest in and to your Customer Content. We do not claim ownership of your Customer Content.

6.2 Generated Output — you own it, subject to AI realities

As between you and Agentcy, you own the Generated Output produced for you by the Service, subject to the following:

  • No guarantee of uniqueness. Generated Output is produced by machine learning models. Similar outputs may be produced for other customers from similar inputs. We do not represent that any particular Generated Output is unique to you.
  • No guarantee of copyrightability. The legal status of works generated wholly or substantially by artificial intelligence is unsettled in many jurisdictions, including under U.S. copyright law. Generated Output may or may not be eligible for copyright protection. We do not warrant the copyrightability of any Generated Output.
  • Third-party rights. Generated Output is produced from underlying AI models that have been trained on large corpora of third-party content. We do not represent that Generated Output is free from similarity to third-party works. You are responsible for reviewing Generated Output for potential issues with third-party rights before publishing or distributing it.

6.3 License you grant us

You grant Agentcy a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, process, and create derivative works of your Customer Content and Generated Output solely as necessary to:

(a) provide, maintain, and operate the Service for you; (b) generate, analyze, and improve outputs you have requested; (c) prevent fraud and abuse; (d) comply with legal obligations.

This license terminates when you delete the relevant Customer Content or Generated Output, except to the extent retention is required by law, by our backup processes (which roll off within seven days), or to defend against legal claims.

6.4 Data we don’t use for training

We do not use your Customer Content, Generated Output, or any data we collect through Connected Accounts to train artificial intelligence or machine learning models — neither our own nor those of our subprocessors. Our AI providers are configured to process your data without training on it, as described in the Privacy Policy and Security Protocol.

6.5 Anonymous and aggregated data

We may generate anonymized and aggregated statistics and insights from how the Service is used (for example, “the average Growth-tier customer connects four ad platforms”). This anonymized, aggregated data cannot be used to identify you and is not Customer Content. We may use it for any lawful purpose, including improving the Service and publishing benchmarks.

6.6 Feedback

If you provide us feedback or suggestions about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that feedback without restriction. We will not associate the feedback with your identity in any public communication without your consent.

7. AI-generated content — limitations and responsibilities

In short: AI gets things wrong. The platform requires your approval before it makes any change to your live marketing accounts. You are responsible for what gets published from your account.

7.1 Nature of AI-generated content

The Service uses large language models and other AI systems to generate strategies, plans, content, and analyses. AI systems can produce output that is inaccurate, incomplete, biased, offensive, infringing, defamatory, or otherwise inappropriate. AI output may also be confidently wrong — appearing authoritative while being factually incorrect.

You acknowledge that:

(a) Generated Output is not professional advice. Strategies, financial projections, legal language, medical claims, and similar content produced by the Service do not constitute professional advice from a qualified human expert. (b) Generated Output may contain factual errors, including fabricated statistics, citations, or names. (c) Generated Output may inadvertently resemble copyrighted works, trademarks, or other protected material. (d) The Service may produce content you find unsuitable. We aim to prevent this, but cannot guarantee it.

7.2 Mandatory review before live action

The Service requires explicit human approval before taking certain live actions on your Connected Accounts, including but not limited to: publishing content, launching or modifying advertising campaigns, sending email campaigns, and altering pricing or product listings. These approval workflows exist for your protection and may not be disabled, except for narrowly-scoped automated safeguards (such as auto-pausing a campaign that breaches a budget cap you have configured).

You are responsible for reviewing every approval request before granting it. Granting approval is your representation that you have reviewed the proposed action and accept responsibility for it.

7.3 Your responsibility for published content

In short: Once you approve a piece of content or a campaign, you own the decision to publish it.

You are solely responsible for Generated Output that you publish, distribute, send, or otherwise act on. This responsibility includes:

  • Accuracy. Verifying factual claims, statistics, and assertions before publication.
  • Compliance. Ensuring published content complies with applicable laws and regulations, including consumer protection laws, advertising laws (including FTC endorsement guidelines and disclosure requirements), email and SMS marketing laws (CAN-SPAM, TCPA, GDPR, CASL), and industry-specific rules (HIPAA, FINRA, etc.).
  • Disclosure. Disclosing AI-generated content where required by law or platform policy.
  • Third-party rights. Not infringing on copyrights, trademarks, rights of publicity, or other rights of third parties.
  • Truthful advertising. Not making deceptive claims or claims you cannot substantiate.

You agree that Agentcy is not responsible for any consequences arising from your publication of Generated Output, including disputes with consumers, regulators, platforms, or third parties.

7.4 Generated images and likenesses

If you ask the Service to generate images, you are responsible for ensuring you have the right to use any prompts referencing real people, brands, or copyrighted characters. You agree not to use the Service to generate images that depict real individuals without their consent, that infringe trademarks, or that violate any platform’s terms of use.

8. Connected Accounts and third-party platforms

In short: When you connect Meta, Google, Shopify, and the rest, the relationship for that data is between you and those companies. We hold the access tokens to act on your behalf. You’re responsible for following each platform’s rules.

8.1 You authorize the connections

When you connect a third-party platform to the Service, you authorize Agentcy to access and act on data from that platform within the scopes you approve. You represent that you have the legal authority to grant that access — for example, that you own the connected business account or have permission from its owner.

8.2 Each platform has its own rules

Each Connected Account is subject to its own terms of service and data policies. You are responsible for complying with those terms — for example, Meta’s Platform Terms, Google Ads’ policies, Shopify’s Acceptable Use Policy. Nothing in these Terms supersedes the terms of any Connected Account. If a third-party platform suspends or restricts your account for any reason, including content the Service helped you produce, that suspension is between you and the platform.

8.3 We don’t represent the third-party platforms

Agentcy is independent from and not endorsed, sponsored, or affiliated with Meta, Google, TikTok, Shopify, Mailchimp, or any other third-party platform. References to those platforms in the Service describe interoperability, not partnership.

8.4 You can disconnect anytime

You may disconnect any Connected Account from the Service at any time through your Workspace settings. Disconnection removes our stored access token within sixty (60) seconds. You may also revoke access directly with the third-party platform.

8.5 Token security

We store the access tokens for your Connected Accounts encrypted, as described in our Privacy Policy and Security Protocol. We will use them only to perform actions you have authorized through the Service. We will not use them for any other purpose.

9. Acceptable use

In short: Don’t use Agentcy to break the law, harm people, or attack the platform. The full list is below.

You agree not to use the Service to:

(a) Violate any applicable law or regulation. (b) Infringe, misappropriate, or violate any intellectual property, privacy, publicity, or other rights of any third party. (c) Send unsolicited or unlawful communications, including spam, phishing, or content that violates CAN-SPAM, TCPA, or similar laws. (d) Promote, facilitate, or generate content related to: child sexual abuse material; non-consensual sexual content; instructions for violence, weapons, or hazardous materials; targeted harassment or threats; deceptive impersonation of real individuals or businesses; election manipulation or voter suppression; financial scams or fraud; hate speech directed at protected classes; the sale of regulated goods you are not authorized to sell. (e) Generate content intended to mislead consumers about the AI-generated nature of communications when disclosure is required by law. (f) Attempt to reverse-engineer, decompile, or extract the source code, models, weights, prompts, or system designs of the Service, except to the extent applicable law expressly permits. (g) Probe, scan, or test the vulnerability of the Service, or breach or circumvent any security or authentication measures, except through our coordinated disclosure process at [email protected]. (h) Interfere with or disrupt the integrity or performance of the Service, including by introducing malware, executing denial-of-service attacks, or exploiting bugs to obtain unintended access or benefits. (i) Use the Service to build a competing product, train competing AI models, or scrape Generated Output for resale. (j) Resell or sublicense the Service without our prior written consent. (k) Share account credentials with anyone outside your Workspace, or use the Service through any account other than your own. (l) Misrepresent the Service or your relationship with Agentcy.

We may suspend or terminate your account for violation of this section as described in § 14.

10. Confidentiality

Each party may have access to non-public information of the other (“Confidential Information”). The receiving party agrees to use Confidential Information only to perform under these Terms, to protect it with the same care it uses for its own confidential information (and at least reasonable care), and not to disclose it to third parties except to its employees, contractors, and advisors who have a need to know and are bound by similar obligations.

This section does not apply to information that is or becomes publicly known through no fault of the receiving party, was rightfully known before disclosure, is independently developed without use of the Confidential Information, or is rightfully received from a third party without obligation of confidence. The receiving party may disclose Confidential Information if required by law or court order, provided it gives the disclosing party reasonable prior notice where lawful.

11. Privacy

Our handling of personal information is described in our Privacy Policy at agentcymarketing.co/privacy-policy, which is incorporated into these Terms. By using the Service, you consent to the practices described there.

12. Service availability, changes, and beta features

12.1 Availability

We aim for high availability but do not guarantee uninterrupted service. The Service may be unavailable for scheduled maintenance, emergency maintenance, or due to factors outside our reasonable control.

We do not currently offer a service-level agreement (SLA). If you require a contractual uptime commitment, contact us to discuss enterprise terms.

12.2 Changes to the Service

We are actively developing the Service. We may add, modify, or remove features at any time. Where a change materially reduces the functionality of a paid feature, we will notify you in advance and you may cancel and receive a pro-rated refund for the affected period.

12.3 Beta and Day Zero features

We may identify certain features as “beta,” “preview,” “experimental,” “Day Zero,” or similar. These features are provided as-is, may change without notice, may be discontinued, and may have higher error rates. Beta features are excluded from any warranty or commitment in these Terms.

13. Intellectual property in the Service

The Service, including the platform software, the underlying systems, the design, the marketing site, and the Agentcy name and logo, is owned by Agentcy and its licensors and is protected by intellectual property law. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. No other rights are granted to you by implication, estoppel, or otherwise.

You may not remove or alter any proprietary notice or branding included in the Service or in Generated Output that we mark as ours.

14. Suspension and termination

14.1 Your right to terminate

You may terminate your Subscription at any time through your account settings. Cancellation takes effect according to § 5.5.

14.2 Our right to suspend or terminate

We may suspend or terminate your access to the Service if:

(a) You materially breach these Terms (including the acceptable use rules in § 9), and either the breach is not reasonably curable or you do not cure it within ten (10) days of our written notice. (b) Payment is not made when due and is not cured within thirty (30) days. (c) Your use of the Service creates a material risk of harm to other customers, to us, to third parties, or to the integrity of the Service. (d) We are required to do so by law or by a binding order from a court or regulator.

Where reasonably possible, we will notify you before suspension or termination and give you an opportunity to cure. In cases involving imminent risk of harm or legal compulsion, we may suspend immediately and notify you afterward.

14.3 Effect of termination

On termination of your Subscription for any reason:

(a) Your right to use the Service ends. (b) You have thirty (30) days from termination to export your data through the platform export functions or by request to [email protected]. After thirty (30) days, your data may be permanently deleted in accordance with our Privacy Policy. (c) Sections of these Terms that by their nature should survive termination — including ownership, confidentiality, disclaimers, limitations of liability, indemnification, and dispute resolution — will survive.

15. Disclaimers

In short: The Service is provided “as-is.” We make every reasonable effort to make it useful and reliable, but we don’t legally guarantee specific outcomes.

THE SERVICE AND ALL GENERATED OUTPUT ARE PROVIDED “AS-IS” AND “AS-AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AGENTCY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, AGENTCY DOES NOT WARRANT THAT:

(a) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) GENERATED OUTPUT WILL BE ACCURATE, COMPLETE, RELIABLE, FREE OF INFRINGEMENT, OR FIT FOR YOUR INTENDED USE; (d) ANY MARKETING STRATEGY, CAMPAIGN, OR CONTENT PRODUCED BY OR THROUGH THE SERVICE WILL ACHIEVE ANY PARTICULAR BUSINESS RESULT, INCLUDING REVENUE, LEADS, ENGAGEMENT, OR REACH; (e) DEFECTS WILL BE CORRECTED; (f) THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO ADVICE OR INFORMATION OBTAINED THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the foregoing exclusions apply to the maximum extent permitted by applicable law.

16. Limitation of liability

In short: If something goes wrong and we owe you damages, our total liability is capped at the greater of $100 or what you paid us in the last twelve months. We’re not liable for indirect or consequential damages.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

(a) IN NO EVENT WILL AGENTCY, ITS MEMBERS, OFFICERS, EMPLOYEES, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, OR GOODWILL, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF AGENTCY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) AGENTCY’S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (i) ONE HUNDRED DOLLARS ($100) OR (ii) THE TOTAL AMOUNT YOU PAID AGENTCY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

(c) THE LIMITATIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law.

17. Indemnification

17.1 By you

You will defend, indemnify, and hold harmless Agentcy, its Members, officers, employees, contractors, and agents from and against any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

(a) Your Customer Content; (b) Your use of Generated Output, including any content you publish or send to consumers, customers, employees, or third parties; (c) Your violation of these Terms, including the acceptable use rules in § 9; (d) Your violation of any law or regulation; (e) Your violation of any third party’s rights, including intellectual property, privacy, and publicity rights; (f) Disputes between you and any Connected Account provider arising out of your use of the Service.

17.2 Procedure

We will provide you with prompt notice of any claim covered by this section, give you reasonable cooperation in the defense, and not settle the claim without your prior consent (not to be unreasonably withheld). You may not settle a claim that imposes any obligation or admission on us without our prior written consent.

18. Governing law and dispute resolution

18.1 Governing law

These Terms are governed by the laws of the State of Missouri, without regard to its conflict-of-laws principles. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

18.2 Informal resolution first

Before initiating any formal proceeding, both parties agree to attempt in good faith to resolve any dispute by direct communication. You should write to [email protected] with a brief description of the dispute and your desired resolution. We will respond within fifteen (15) business days. Most disputes are best resolved this way.

18.3 Mediation

If direct communication does not resolve the dispute within thirty (30) days, either party may submit the dispute to non-binding mediation in St. Louis County, Missouri, with a mediator mutually agreed upon. The parties will share mediation costs equally.

18.4 Binding arbitration

If mediation does not resolve the dispute within sixty (60) days from the start of mediation, the dispute will be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, before a single arbitrator. The arbitration will be conducted in St. Louis County, Missouri. The arbitrator’s decision will be binding and may be entered in any court of competent jurisdiction.

18.5 Exceptions

Either party may bring an action in court (i) to seek injunctive or equitable relief for actual or threatened infringement, misappropriation, or violation of intellectual property, confidentiality, or security rights; or (ii) for any claim that qualifies for small-claims court in the jurisdiction where the party resides.

18.6 Class action waiver

To the extent permitted by law, all disputes will be resolved on an individual basis. You and Agentcy waive any right to pursue claims as a class, collective, or representative action. The arbitrator may not consolidate claims of multiple parties without the consent of all parties.

18.7 Time limit

Any claim arising out of these Terms or the Service must be brought within one (1) year after the cause of action arises, or it is permanently barred, except as a longer period is required by applicable law.

19. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will notify you by email to the address associated with your account or through an in-app notice, at least thirty (30) days before the changes take effect. Non-material changes (such as clarifications, formatting, and corrections) take effect on posting.

If you do not agree to a material change, you may terminate your Subscription before the change takes effect and receive a pro-rated refund for any unused portion of a prepaid annual term. Your continued use of the Service after a change takes effect is your acceptance of the updated Terms.

The current version of these Terms is always published at agentcymarketing.co/terms-of-service. The “Last updated” date at the top reflects the most recent revision.

20. Notices

We will send notices to you at the email address associated with your account. You are responsible for keeping that address current.

You may send notices to us at [email protected]. Legal process and formal notices to Agentcy, LLC may also be sent to:

Agentcy, LLC [Insert registered agent address] Missouri

Notices are effective on the date sent by email, or three (3) business days after mailing if sent by certified mail.

21. Miscellaneous

21.1 Entire agreement

These Terms, together with the Privacy Policy and any order form or written agreement signed by both parties, are the entire agreement between you and Agentcy regarding the Service. They supersede any prior agreement on the same subject.

21.2 No third-party beneficiaries

These Terms do not create rights for third parties. Members of your Workspace are bound by these Terms through your account, but no other third party has rights under these Terms.

21.3 Severability

If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary to be enforceable, and the remaining provisions will continue in full force.

21.4 Waiver

Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it later.

21.5 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, reorganization, or sale of substantially all of our assets.

21.6 Independent contractors

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, employment, or franchise relationship.

21.7 Force majeure

Neither party is liable for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, war, terrorism, civil unrest, pandemic, government action, internet or telecommunication failures, and the acts or omissions of upstream service providers — except for payment obligations, which are not excused.

21.8 Headings

Section headings are for convenience and have no legal effect.

21.9 Contact

For any questions about these Terms: [email protected]