Terms of Service

1. Agreement to Terms

Welcome to Pursue Media! These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Pursue Media ("Company," "we," "our," or "us") governing your access to and use of our AI-powered marketing automation platform, including our website, applications, and related services (collectively, the "Service").

By creating an account, accessing, or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Service.

These Terms are governed by and construed in accordance with the laws of the Republic of the Philippines, including the Civil Code of the Philippines, the Electronic Commerce Act (Republic Act No. 8792), and the Consumer Act of the Philippines (Republic Act No. 7394), as well as applicable laws of the United States of America.

2. Eligibility

To use our Service, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using our Service under applicable laws
• Provide accurate, current, and complete information during registration

If you are using our Service on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms.

3. Account Registration and Security

3.1 Account Creation

To access certain features of our Service, you must create an account. You agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Not share your account credentials with third parties
• Notify us immediately of any unauthorized access or security breach

3.2 Account Responsibility

You are solely responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to maintain the security of your account credentials.

4. Service Description

Pursue Media provides an AI-powered marketing automation platform that enables users to:

• Connect and manage social media accounts (Facebook, Instagram)
• Extract and analyze brand information from websites
• Generate AI-powered marketing content, images, and videos
• Schedule and publish content to social media platforms
• Track engagement metrics and analytics
• Access other features as described on our platform

We reserve the right to modify, suspend, or discontinue any aspect of our Service at any time, with or without notice.

5. Subscription Plans and Payments

5.1 Subscription Plans

We offer various subscription plans with different features and pricing. Details of each plan, including pricing in Philippine Pesos (PHP), are available on our pricing page. We reserve the right to modify our pricing with 30 days' advance notice to existing subscribers.

5.2 Payment Terms

By subscribing to a paid plan, you agree to pay all applicable fees. Payment is processed through PayMongo, and you agree to their terms of service. You authorize us to charge your designated payment method for:

• Subscription fees at the beginning of each billing cycle
• Any applicable taxes (including VAT as required under Philippine law)
• Additional charges for exceeding plan limits

5.3 Billing Cycle

Subscriptions are billed on a monthly basis. Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date.

5.4 Refunds

In accordance with the Consumer Act of the Philippines and applicable US consumer protection laws:

• You may cancel your subscription at any time
• Refunds for unused portions of the current billing period are provided at our discretion
• If you cancel within 7 days of your initial subscription and have not substantially used the Service, you may request a full refund
• Refund requests should be submitted to support@pursuemedia.com

5.5 Failed Payments

If payment fails, we will notify you and may suspend your access to paid features. We will attempt to process payment for 7 days before downgrading your account.

6. User Content and Conduct

6.1 User Content

"User Content" refers to any content you create, upload, submit, or publish through our Service, including but not limited to text, images, videos, brand information, and social media posts. You retain ownership of your User Content.

6.2 License Grant

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your User Content solely for the purpose of providing and improving our Service. This license terminates when you delete your User Content or account.

6.3 Content Responsibilities

You represent and warrant that your User Content:

• Does not infringe any third-party intellectual property rights
• Does not violate any applicable laws or regulations
• Does not contain harmful, offensive, or misleading content
• Complies with the terms of service of connected social media platforms

6.4 Prohibited Conduct

You agree not to use our Service to:

• Violate any applicable laws, including Philippine and US laws
• Infringe intellectual property rights of others
• Distribute spam, malware, or harmful content
• Engage in fraudulent, deceptive, or misleading practices
• Harass, abuse, or harm other users
• Attempt to gain unauthorized access to our systems
• Interfere with the proper functioning of our Service
• Create content that violates social media platform policies
• Use automated means to access our Service without permission
• Resell or redistribute our Service without authorization

7. AI-Generated Content

7.1 Nature of AI Content

Our Service uses artificial intelligence to generate marketing content, including text, images, and videos. You acknowledge that:

• AI-generated content is created based on your inputs and brand information
• AI outputs may require review and editing before use
• We do not guarantee the accuracy, completeness, or suitability of AI-generated content
• You are responsible for reviewing and approving all content before publishing

7.2 Ownership of AI-Generated Content

Subject to applicable intellectual property laws, AI-generated content created through your use of our Service is owned by you. However, we retain the right to use anonymized and aggregated data to improve our AI models and Service.

7.3 Content Review Responsibility

You are solely responsible for reviewing all AI-generated content before publishing. We strongly recommend reviewing content for accuracy, appropriateness, and compliance with applicable laws and platform policies.

8. Third-Party Services and Integrations

8.1 Social Media Platforms

Our Service integrates with third-party social media platforms including Facebook and Instagram. By connecting your social media accounts, you:

• Authorize us to access and manage your connected accounts
• Agree to comply with the terms of service of those platforms
• Acknowledge that we are not responsible for actions taken by those platforms

8.2 Payment Processing

Payment processing is handled by PayMongo. By using our payment features, you agree to PayMongo's terms of service and privacy policy.

8.3 No Endorsement

Our integration with third-party services does not imply endorsement or affiliation. We are not responsible for the availability, accuracy, or content of third-party services.

9. Intellectual Property Rights

9.1 Our Intellectual Property

The Service, including its original content, features, functionality, design, logos, and trademarks, is owned by Pursue Media and protected by Philippine intellectual property laws (including the Intellectual Property Code of the Philippines, Republic Act No. 8293) and international treaties.

9.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Service for your personal or business purposes, subject to these Terms.

9.3 Restrictions

You may not:

• Copy, modify, or distribute our Service or content without permission
• Reverse engineer, decompile, or disassemble our software
• Remove or alter any proprietary notices or labels
• Use our trademarks without written authorization

10. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR COMPLETENESS OF CONTENT
• UNINTERRUPTED OR ERROR-FREE OPERATION

We do not warrant that our Service will meet your requirements, be available at all times, or operate without errors. Your use of our Service is at your own risk.

11. Limitation of Liability

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

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from your use or inability to use our Service
• Damages arising from unauthorized access to your account
• Damages arising from third-party services or content

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability shall be limited to the fullest extent permitted by applicable law.

12. Indemnification

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

• Your violation of these Terms
• Your User Content
• Your use of our Service
• Your violation of any third-party rights
• Your violation of any applicable laws

13. Termination

13.1 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature in your settings. Upon termination, your right to use our Service will immediately cease.

13.2 Termination by Us

We may suspend or terminate your account and access to our Service at our sole discretion, without prior notice, if:

• You breach these Terms
• You engage in fraudulent or illegal activities
• Your actions harm other users or our Service
• Required by law or legal process

13.3 Effect of Termination

Upon termination, your license to use our Service terminates, and we may delete your account and User Content. Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to its conflict of law provisions.

14.2 Informal Resolution

Before initiating formal dispute resolution, you agree to first attempt to resolve any dispute informally by contacting us at legal@pursuemedia.com. We will attempt to resolve the dispute within 30 days.

14.3 Arbitration

If informal resolution fails, any dispute arising from these Terms shall be resolved through binding arbitration in accordance with the Alternative Dispute Resolution Act of 2004 (Republic Act No. 9285) of the Philippines. The arbitration shall be conducted in Metro Manila, Philippines, in the English language.

14.4 Class Action Waiver

To the fullest extent permitted by law, you agree to resolve any disputes on an individual basis and waive your right to participate in a class action lawsuit or class-wide arbitration.

14.5 For US Residents

For users located in the United States, you agree that any disputes not resolved through arbitration shall be resolved in the state or federal courts located in the State of California, and you consent to the personal jurisdiction of such courts.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Pursue Media regarding our Service.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

15.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

15.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

15.5 Notices

We may provide notices to you through your account email, in-app notifications, or by posting on our Service. You may provide notices to us at legal@pursuemedia.com.

15.6 Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or internet service failures.

16. Changes to These 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
• Updating the "Last Updated" date
• Sending an email notification for significant changes

Your continued use of our Service after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using our Service.

17. Contact Information

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