Terms of Service

These Terms of Service ("Terms") govern your access to and use of shopkick.ai, our AI-powered ad management platform, and any associated services (collectively, the "Site") operated by ShopKick.ai, a venture of The Infogetics Group, LLC ("Company," "we," "us," or "our"), a Michigan limited liability company with its principal place of business at 4635 East River Rd., Buchanan, Michigan 49107.

By accessing or using the Site, you 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 the Site.

1. Description of Services

The Site serves as the official website and platform for ShopKick.ai, an AI-powered ad management service designed for local service businesses. Our platform provides AI-driven monitoring, recommendations, and execution capabilities for advertising campaigns across Google Ads, Meta Ads, Microsoft/Bing Ads, and LinkedIn Ads. The platform operates on a human-in-the-loop model, meaning all recommended changes require your explicit approval before execution. ShopKick.ai is a venture of The Infogetics Group, LLC.

2. Eligibility

You must be at least 18 years of age or the age of legal majority in your jurisdiction to use the Site and our platform. By using the Site, you represent and warrant that you meet the applicable eligibility requirements. If you are using the Site on behalf of a business or legal entity, you represent that you have the authority to bind that entity to these Terms.

3. User Accounts

Use of our platform requires you to create an account. By creating an account, you agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information to keep it accurate and complete.
• Maintain the security and confidentiality of your login credentials and not share them with any third party.
• Accept responsibility for all activities that occur under your account, including any actions taken through connected advertising accounts.
• Notify us immediately at eric@infogetics.com if you suspect unauthorized access to or use of your account.

We reserve the right to suspend or terminate your account at any time, with or without notice, for conduct that we determine, in our sole discretion, violates these Terms or is harmful to the Site, our platform, other users, or third parties.

4. Connected Ad Accounts and Permissions

By connecting your advertising accounts to ShopKick.ai, you:

• Authorize us to access your campaign data, performance metrics, and account settings through the respective platform APIs.
• Acknowledge that all changes to your advertising campaigns recommended by our AI require your explicit approval before execution.
• Accept responsibility for reviewing and approving any recommended changes to your campaigns.
• Understand that advertising performance is influenced by many factors outside our control, and we do not guarantee specific results.
• May disconnect your advertising accounts at any time through your account settings.

5. Intellectual Property

All content on the Site and in our platform, including but not limited to text, graphics, logos, trademarks, trade names, images, videos, audio, software, algorithms, AI models, data compilations, page layout, underlying code, and the overall design and arrangement (collectively, "Content"), is the property of The Infogetics Group, LLC or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or otherwise exploit any Content from the Site or our platform without our prior written consent, except that your computer or device may temporarily store copies of Content incidental to your accessing and using the Site.

The names "ShopKick.ai," "ShopKick," "The Infogetics Group," and all related logos and product/service names are trademarks of The Infogetics Group, LLC. You may not use these trademarks without our prior written permission.

6. White-Label Terms

If you access ShopKick.ai through a white-label arrangement, additional terms may apply as specified in your white-label agreement. White-label partners are responsible for ensuring their end users comply with these Terms. In the event of a conflict between these Terms and a white-label agreement, the white-label agreement shall control with respect to the specific terms in conflict.

7. User Conduct

When using the Site or our platform, you agree not to:

• Use the Site or platform in any way that violates any applicable federal, state, local, or international law or regulation, including advertising regulations.
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site or platform.
• Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
• Use the platform to manage advertising campaigns that promote illegal products or services.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the servers on which the Site is stored, or any server, computer, or database connected to the Site.
• Reverse engineer, decompile, or disassemble any of our platform or software, including our AI models and algorithms.

8. Third-Party Links and Services

The Site integrates with third-party advertising platforms (Google Ads, Meta Ads, Microsoft/Bing Ads, LinkedIn Ads) and may contain links to third-party websites and services, including our parent company at infogetics.com. Your use of these third-party platforms is governed by their respective terms of service and privacy policies. We do not control, endorse, or assume responsibility for any third-party sites, information, materials, products, or services.

9. Disclaimer of Warranties

THE SITE, OUR PLATFORM, AND ALL CONTENT, RECOMMENDATIONS, PRODUCTS, AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE COMPANY DOES NOT WARRANT THAT THE SITE OR OUR PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT AI RECOMMENDATIONS WILL BE ACCURATE OR PRODUCE SPECIFIC RESULTS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE INFOGETICS GROUP, LLC, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ADVERTISING SPEND, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE, OUR PLATFORM, OR ANY RECOMMENDATIONS PROVIDED BY OUR AI.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE, OUR PLATFORM, OR THESE TERMS EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

11. Indemnification

You agree to indemnify, defend, and hold harmless The Infogetics Group, LLC and its officers, directors, members, managers, employees, agents, affiliates, and subsidiaries from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to: (a) your use of the Site or our platform; (b) your advertising campaigns and their content; (c) your violation of these Terms; (d) your violation of any rights of a third party; or (e) any content you submit, post, or transmit through the Site.

12. Governing Law and Jurisdiction

These Terms and any disputes arising out of or related to the Site, our platform, or these Terms shall be governed by and construed in accordance with the laws of the State of Michigan, United States of America, without regard to its conflict of law principles.

Any legal action or proceeding arising out of or related to these Terms or the Site shall be brought exclusively in the state or federal courts located in Berrien County, Michigan. You irrevocably consent to the personal jurisdiction and venue of such courts.

13. Dispute Resolution

Before initiating any legal proceeding, you agree to first contact us at eric@infogetics.com and attempt to resolve the dispute informally for a period of at least thirty (30) days.

14. Termination

We may terminate or suspend your access to the Site and our platform immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Site and platform will immediately cease, and any connected advertising accounts will be disconnected. All provisions of these Terms which by their nature should survive termination shall survive.

15. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and any applicable white-label agreements, constitute the entire agreement between you and ShopKick.ai (The Infogetics Group, LLC) regarding your use of the Site and our platform, and supersede all prior and contemporaneous agreements.

17. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of this page. Your continued use of the Site following the posting of revised Terms constitutes your acceptance of such changes.

18. Contact Us

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