Effective Date: January 4, 2025

These Terms of Service ("Terms") govern your access to and use of the WOW! Factor AI website, services, applications, and content (collectively, "Services"). By using our Services, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, do not use our Services.

1. Acceptance of Terms

By accessing or using our Services, you confirm that you are at least 18 years old or have reached the legal age of majority in your jurisdiction. If you are using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and represent that you have the authority to do so.

2. Modification of Terms

WOW! Factor AI reserves the right, at its discretion, to update or modify these Terms at any time. All changes are effective immediately upon posting. It is your responsibility to review these Terms periodically for changes. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

3. Services Provided

WOW! Factor AI offers a variety of digital marketing, branding, and consulting services. The specifics of the services provided to you will be outlined in a separate contract or statement of work. These Terms apply to the use of the website and all general interactions with our Services, but additional terms may apply to specific services as agreed upon in writing.

4. User Responsibilities

You agree to:

• Provide accurate, current, and complete information when using the Services.

• Use the Services only for lawful purposes and in accordance with these Terms.

• Not engage in any activity that disrupts or interferes with the Services or the networks through which the Services are provided.

• Not use the Services to send unsolicited or unauthorized advertising, promotional materials, or spam.

• Not reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of any part of our Services.

Users of our Services are prohibited from:

• Engaging in any activity that violates any applicable law or regulation.

• Misrepresenting your identity or affiliation with any person or entity.

• Using our Services in any manner that could damage, disable, overburden, or impair our servers or networks.

• Attempting to gain unauthorized access to any portion of the Services or related systems.

• Using the Services to infringe on the intellectual property rights of others.

All content, features, functionality, and design elements provided through the Services, including but not limited to logos, graphics, text, and software, are owned by WOW! Factor AI or its licensors and are protected by intellectual property laws. You agree not to use, reproduce, or distribute any such content without prior written consent from WOW! Factor AI.

7. Privacy Policy

WOW! Factor AI respects your privacy and is committed to protecting your personal data. Our Privacy Policy, available on our website, outlines how we collect, use, and safeguard your information. By using the Services, you consent to the collection and use of your information as described in our Privacy Policy.

8. Third-Party Links

Our Services may contain links to third-party websites or services that are not owned or controlled by WOW! Factor AI. We are not responsible for the content, privacy policies, or practices of any third-party sites or services. Accessing third-party sites is done at your own risk, and you should review their terms and conditions and privacy policies.

9. Termination

WOW! Factor AI may terminate or suspend your access to all or part of the Services at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to our interests or another user. Upon termination, you must cease all use of the Services, and any provisions of these Terms that by their nature should survive termination shall continue in effect.

10. Disclaimers

The Services are provided "as is" and "as available," without any warranties or conditions of any kind, either express or implied. WOW! Factor AI disclaims all warranties of any kind, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that:

• The Services will meet your specific requirements or expectations.

• The Services will be uninterrupted, timely, secure, or error-free.

• The results obtained from the use of the Services will be accurate or reliable.

• Any errors in the Services will be corrected.

To the fullest extent permitted by applicable law, WOW! Factor AI, its affiliates, officers, employees, agents, or licensors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including without limitation damages for loss of profits, goodwill, data, or other intangible losses, arising out of or relating to:

• Your use or inability to use the Services.

• Any unauthorized access to or use of our servers or personal information.

• Any errors or omissions in the content.

• Any viruses or harmful components transmitted through our Services.

• In no event shall our total liability exceed the amount you paid (if any) for access to the Services during the six months prior to the claim.

You agree to defend, indemnify, and hold harmless WOW! Factor AI, its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising out of or related to:

• Your use of and access to the Services.

• Your violation of any of these Terms.

• Your violation of any third-party right, including without limitation any intellectual property, privacy, or other proprietary right.

• Any claim that your use of the Services caused damage to a third party.

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of Arapahoe County, and you consent to the jurisdiction of such courts.

14. Arbitration

Any dispute or claim arising out of or in connection with these Terms shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in CO, and the arbitrator’s decision shall be binding and may be entered as a judgment in any court of competent jurisdiction.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable for any reason, the remaining provisions of these Terms will continue in full force and effect.

16. Entire Agreement

These Terms constitute the entire agreement between you and WOW! Factor AI regarding the use of our Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding such subject matter.

17. Contact Information

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

WOW FACTOR AI
Hours: Open Monday through Friday — 9 AM – 6 PM (MST)
Phone: 1-800-624-8550