Terms of Service

1. Agreement to Terms

By accessing or using BoostMyBiz.pro ("the Service", "Platform"), operated by Eterna-App LLC, a Delaware Limited Liability Company ("we", "us", "our", or "Company"), with its principal office at 1111 B South Governors Ave, STE 3491, Dover, DE 19904, United States, you ("User", "you", or "your") agree to be bound by these Terms of Service ("Terms", "Agreement"). If you do not agree to all provisions of these Terms, you must immediately cease using the Service.

By registering an account, subscribing to a paid plan, or using any feature of the Platform, you represent that you are at least 18 years old and have the legal capacity to enter into this Agreement. If you are accepting these Terms on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

2. Description of Service

BoostMyBiz.pro is a Software-as-a-Service (SaaS) platform designed to automate and enhance the online presence of small and medium-sized businesses. The Service provides:

• Free Diagnostic Tool: AI-powered analysis of a business's online visibility across Google Search, Google Maps, social media platforms, and review sites.
• Social Media Automation: Automated content generation, scheduling, and publishing to Facebook and Instagram, with additional platforms subject to future availability and integration.
• AI Content Generation: Creation of text posts and content using third-party artificial intelligence models and services.
• Review Management: Monitoring and automated response generation for Google reviews and other review platforms.
• Performance Analytics: Visibility scores, engagement metrics, and competitor benchmarking.
• Sales Agent Program: A referral system enabling users to earn recurring commissions by referring businesses to the Platform.

The Service operates on a subscription basis with tiered plans (Starter, Growth, Pro) and a free diagnostic tier. Features, pricing, and availability are subject to change at the Company's discretion.

3. Account Registration and Security

3.1 Account Creation: To use the Service, you must create an account by providing accurate, complete, and current information including business name, location, category, email address, and payment details (for paid plans). You agree to update this information promptly if it changes.

3.2 Account Security: You are solely responsible for maintaining the confidentiality of your account credentials (username, password, API keys) and for all activities that occur under your account. You must notify us immediately at support@boostmybiz.pro of any unauthorized use or security breach.

3.3 Account Sharing: Accounts are personal and non-transferable. You may not share your login credentials with any third party. Multi-user access for enterprise plans may be provided at the Company's discretion.

3.4 Business Verification: We reserve the right to verify the legitimacy of your business information. Providing false, misleading, or fraudulent information may result in immediate account termination without refund.

4. Subscriptions, Billing, and Payment

4.1 Subscription Plans: The Service offers monthly subscription plans (Starter: $49/month, Growth: $99/month, Pro: $199/month) as of the last update date. Pricing is displayed on the Pricing page and may vary by region, promotional offers, or plan customizations.

4.2 Billing Cycle: Subscriptions are billed monthly in advance on the anniversary of your initial subscription date. Payments are processed via Stripe, our third-party payment processor. By subscribing, you authorize us to charge your payment method on file for recurring monthly fees.

4.3 Automatic Renewal: Subscriptions automatically renew each month unless you cancel before the next billing date. You may cancel your subscription at any time via the billing portal in your account dashboard.

4.4 Refund Policy: All subscription fees are non-refundable except as required by applicable consumer protection laws (e.g., EU consumer rights, French Code de la consommation). If you cancel your subscription, you will retain access to paid features until the end of your current billing period, but no prorated refund will be issued.

4.5 Failed Payments: If a payment fails (due to expired credit card, insufficient funds, etc.), your subscription will enter a "past due" status. We will attempt to re-process payment up to 3 times over 10 days. If payment remains unsuccessful, your subscription will be automatically downgraded to the free tier and scheduled posts will be paused.

4.6 Price Changes: We reserve the right to adjust pricing at any time. Existing subscribers will receive at least 30 days' advance notice via email before any price increase takes effect. Continued use of the Service after a price change constitutes acceptance of the new pricing.

4.7 Taxes: All fees are exclusive of applicable taxes (VAT, GST, sales tax). You are responsible for paying all taxes associated with your subscription. If we are required to collect taxes, they will be added to your invoice.

5. Third-Party Platform Integrations

5.1 Authorization: The Service integrates with third-party platforms including Facebook/Meta, Instagram, Google (Google Places), and others as they become available. By connecting your accounts, you authorize BoostMyBiz to:

• Publish content (posts, images, videos) on your behalf
• Read and analyze engagement metrics (likes, comments, reach)
• Access and respond to reviews (Google, Facebook)
• Retrieve business profile data (location, hours, description)

5.2 Compliance with Platform Policies: You are solely responsible for ensuring your use of the Service complies with each platform's Terms of Service, Community Guidelines, and Advertising Policies. Violations may result in your accounts being suspended or banned by those platforms, which is beyond our control.

5.3 Platform Changes: Third-party platforms may change their APIs, policies, or features at any time. We are not liable for any disruption, loss of functionality, or content publishing failures caused by changes to third-party services.

5.4 Token Expiration: Access tokens for connected accounts typically expire after 60-90 days. You are responsible for re-authorizing accounts when prompted. We will notify you via email and in-app alerts when reconnection is required.

6. AI-Generated Content and Intellectual Property

6.1 Content Generation: Our AI system generates social media posts and review responses based on your business information, category, location, and contextual data (holidays, local events). While we use advanced artificial intelligence models to generate content, AI-generated content may occasionally contain inaccuracies, inappropriate language, or unintended errors.

6.2 Content Review: You have the option to review and approve content before it is published. If you enable auto-publishing, you acknowledge that posts will be published without prior review. We strongly recommend reviewing AI-generated content for businesses in regulated industries (healthcare, legal, finance).

6.3 Ownership: You retain full ownership of all content created for your business, including AI-generated text, images, and videos. By using the Service, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and modify your content solely for the purpose of providing the Service (e.g., generating posts, analyzing performance).

6.4 No Liability for AI Content: We are not responsible for any consequences arising from AI-generated content, including but not limited to defamation claims, intellectual property disputes, platform policy violations, or loss of reputation. You agree to indemnify and hold us harmless from any claims related to content published via the Service.

6.5 Copyright Compliance: You warrant that any images, logos, or materials you upload to the Platform do not infringe on third-party copyrights, trademarks, or intellectual property rights. We reserve the right to remove infringing content and suspend accounts that violate copyright laws.

7. Acceptable Use Policy

You agree not to use the Service to:

• Publish illegal, fraudulent, defamatory, obscene, or harmful content
• Distribute spam, phishing links, malware, or misleading information
• Violate third-party intellectual property rights (copyright, trademarks)
• Impersonate another person or business
• Manipulate or artificially inflate engagement metrics (fake reviews, bot followers)
• Scrape, reverse-engineer, or attempt to extract source code from the Platform
• Overload our servers with excessive API requests or denial-of-service attacks
• Use the Service for political campaigns or lobbying without prior written consent

Violations of this Acceptable Use Policy may result in immediate account suspension or termination without refund. We reserve the right to report illegal activity to law enforcement authorities.

8. Data Privacy and GDPR Compliance

8.1 Data Collection: We collect and process personal data (email, business name, location, payment info) and business data (social media posts, reviews, analytics) as described in our Privacy Policy. By using the Service, you consent to this data processing.

8.2 GDPR Rights: If you are located in the European Union or European Economic Area, you have the right to:

• Access your personal data (data portability)
• Correct inaccurate information
• Request deletion ("right to be forgotten")
• Restrict or object to data processing
• Withdraw consent for marketing communications

To exercise these rights, contact us at privacy@boostmybiz.pro.

8.3 Data Retention: We retain your data for as long as your account is active. After account termination, we will delete your data within 30 days, except where retention is required by law (e.g., tax records, dispute resolution).

8.4 Security: We implement industry-standard security measures (encryption, access controls, regular audits) to protect your data. However, no system is 100% secure. You use the Service at your own risk.

9. Service Availability and Support

9.1 Uptime: We strive for 99.9% uptime but do not guarantee uninterrupted availability. The Service may be temporarily unavailable due to maintenance, updates, server issues, or force majeure events (natural disasters, cyberattacks).

9.2 Maintenance Windows: Scheduled maintenance will be announced at least 24 hours in advance via email or in-app notification. Emergency maintenance may occur without notice.

9.3 Customer Support: Support is available via email (support@boostmybiz.pro) for all users. Priority support (faster response times) is available for Growth and Pro plan subscribers. Phone support is exclusive to Pro plan subscribers.

9.4 No Service Level Agreement (SLA): Unless you have a separate enterprise agreement, we do not provide contractual uptime guarantees or compensation for downtime.

10. Sales Agent Program and Referrals

10.1 Commission Structure: Sales Agents earn 20% recurring commission on all monthly subscription payments made by referred businesses. Commissions are paid monthly, 30 days after the referred business's payment is successfully processed.

10.2 Eligibility: To qualify for commissions, the referred business must: (a) sign up via the Agent's unique referral link, (b) complete the onboarding process, (c) subscribe to a paid plan, and (d) remain in good standing (no chargebacks, fraud, or policy violations).

10.3 Payment Method: Commissions are paid via bank transfer, PayPal, or Stripe Connect. A minimum balance of $50 is required to initiate payout. Agents are responsible for reporting and paying taxes on commission income.

10.4 Prohibited Practices: Agents may not: (a) engage in fraudulent referrals (self-referrals, fake businesses), (b) misrepresent the Service's features or pricing, (c) use paid advertising without disclosure, or (d) spam potential customers. Violations will result in commission forfeiture and account termination.

10.5 Program Termination: We reserve the right to modify or terminate the Sales Agent Program at any time with 30 days' notice. Existing commissions from active referrals will continue to be honored.

11. Limitation of Liability

11.1 No Warranties: The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will meet your requirements, be error-free, or achieve specific business outcomes.

11.2 Limitation of Damages: To the maximum extent permitted by law, BoostMyBiz shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or reputation, even if we have been advised of the possibility of such damages.

11.3 Liability Cap: Our total aggregate liability for any claims arising from your use of the Service shall not exceed the total amount paid by you to BoostMyBiz in the 12 months preceding the claim.

11.4 Indemnification: You agree to indemnify, defend, and hold harmless BoostMyBiz, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from: (a) your use of the Service, (b) your violation of these Terms, (c) content you publish via the Platform, or (d) your violation of third-party rights.

12. Account Termination and Suspension

12.1 Termination by User: You may cancel your subscription at any time via the billing portal. Upon cancellation, your subscription will remain active until the end of your current billing period, after which you will be downgraded to the free tier.

12.2 Termination by BoostMyBiz: We reserve the right to suspend or terminate your account immediately, without notice, if you: (a) violate these Terms, (b) engage in fraudulent activity, (c) fail to pay subscription fees, (d) abuse the Service or harm other users, or (e) pose a security or legal risk to the Platform.

12.3 Data Deletion: Upon termination, your access to the Service will cease immediately. We will retain your data for 30 days in case you wish to reactivate your account. After 30 days, all data (posts, analytics, business info) will be permanently deleted and cannot be recovered.

12.4 No Refunds: Account termination does not entitle you to a refund of any subscription fees already paid.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or in-app notification at least 14 days before taking effect. Non-material changes (typo corrections, clarifications) may be implemented immediately. Continued use of the Service after changes constitutes acceptance of the updated Terms. If you do not agree to the changes, you must cancel your subscription.

14. Governing Law and Dispute Resolution

14.1 Governing Law: These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. For users located in the European Union, applicable EU consumer protection laws shall also apply.

14.2 Jurisdiction: Any disputes arising from these Terms shall be resolved in the state or federal courts located in Kent County, Delaware, United States. However, EU consumers may bring claims in their local courts as permitted by EU law.

14.3 Arbitration (Optional): For disputes not exceeding $10,000, both parties may agree to binding arbitration under the rules of the American Arbitration Association (AAA). Arbitration costs will be shared equally unless otherwise determined by the arbitrator.

14.4 Class Action Waiver: To the extent permitted by law, you waive the right to participate in class actions, collective actions, or representative proceedings. Disputes must be resolved individually.

15. Miscellaneous Provisions

15.1 Entire Agreement: These Terms, together with our Privacy Policy and any other incorporated documents, constitute the entire agreement between you and BoostMyBiz regarding the Service.

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

15.3 No 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 these Terms or your account without our prior written consent. We may assign these Terms to any affiliate or successor entity.

15.5 Force Majeure: We are not liable for any failure to perform our obligations due to events beyond our reasonable control, including but not limited to natural disasters, wars, terrorism, pandemics, government actions, or internet outages.

16. Contact Information

For questions, support requests, or notices related to these Terms, contact us at: