Specific rights and responsibilities for the processing and security of customer data can be found in our Data Processing Addendum, available upon request by contacting support@getsam.bot.
SamCart Inc., doing business as "Sam" ("Sam," "us," or "we"), provides access to an AI-powered marketing service that creates, designs, publishes, and manages marketing content and campaigns for its users through getsam.bot (the "Site") and related applications, which include all of the text, images, audio, code, AI-generated outputs, and other material they contain or provide (collectively, the "Content") and all of the features and other services they provide. The Site, any mobile or desktop applications, and any other features, tools, materials, or other services offered from time to time by Sam are referred to here as the "Service."
Please read these Terms of Use (the "Terms") carefully before using the Service. By creating a Sam account, using the Site or Service, or clicking to accept or agree to these Terms anywhere that option is available, you (1) accept and agree to these Terms, (2) consent to the collection, use, disclosure, and other handling of information as described in our Privacy Policy, which is incorporated by reference herein, and (3) accept and agree to the additional terms, rules, or conditions of any promotional offer made by Sam at any time. If you do not agree to these Terms, you may not access or use the Content or the Service.
Sam does not knowingly collect, either online or offline, personal information from persons under the age of 13. You must be 18 years or older to use the Service.
Except for the Dispute Resolution section, which provides for binding arbitration and a waiver of class action rights, Sam reserves the right, in its sole discretion, to change the Terms under which the Service is offered at any time. The most current version of the Terms will supersede all previous versions. If a revision to the Terms, in our sole discretion, is material, we will notify you by contacting you through the email address associated with your account. Use of the Service by you after any modification to the Terms constitutes your acceptance of the Terms as modified.
You consent to receive communications from us and agree that all notices, disclosures, and other communications that we provide to you electronically (including, but not limited to, email and SMS) satisfy any legal requirement that such communications be in writing.
As a result of your registration for the Service, you may also receive certain commercial communications from Sam. You understand and agree that these communications are part of your registration and that, to the extent required by law, you may opt out of receiving these communications at any time by using relevant opt-out functionality or sending an email to support@getsam.bot. Following such an opt-out, we may still communicate with you to the extent permitted by applicable law.
Additionally, you consent to receive marketing text messages (e.g., promos, account reminders) from Sam at the phone number provided. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency varies. Unsubscribe at any time by replying STOP or reply HELP for help.
In order to use the Service, you must register for an account. By registering as a user of the Service, you agree to provide accurate, current, and complete information about yourself and your business as prompted (the "Registration Data") and to maintain and promptly update the Registration Data to keep it accurate, current, and complete. If you provide any information that is inaccurate, not current, or incomplete, or Sam has reasonable grounds to suspect that the Registration Data is inaccurate, not current, or incomplete, Sam may deny you access to the Service or terminate your account at its sole discretion.
If you register an account for the Service on behalf of an entity, such as your employer, the entity shall be the Account Owner. If you are registering on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms and our Privacy Policy.
You agree to pay all fees or charges incurred by your account, including applicable taxes, in accordance with these Terms and the billing terms in effect at the time such fees or charges become payable. Sam may, in its sole discretion and at any time, change any rates and/or fees with thirty (30) days' written notice to you. You are fully liable for all charges to your account, and you represent to Sam that you are an authorized user of all methods of payment that you use to pay any charges under your account.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your devices, and you agree to accept responsibility for all activities that occur under your account, including all actions taken by the Service at your direction or with your authorization. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Sam is not responsible for third-party access to your account that results from theft or misappropriation of your account. Sam reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
You agree to (a) never use the same password for the Service that you use or have ever used outside of the Service; (b) keep your username and password confidential and not share them with anyone else; (c) immediately notify Sam of any unauthorized use of your username and password or account or any other breach of security; and (d) use only your own username and password to access the Service. Sam cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Sam is an AI-powered service. When you provide information about your business, products, brand, and goals, the Service uses artificial intelligence to generate marketing content and take marketing actions on your behalf, including taking actions in your live advertising accounts (such as creating, modifying, launching, or pausing campaigns), which may include ad copy, ad creatives, social media posts, graphics, landing pages, sales pages, promotional plans, and campaign configurations (collectively, "Outputs").
License to Outputs. As between you and Sam, Sam owns all right, title, and interest, if any, in and to the Outputs. Subject to your compliance with these Terms and payment of all applicable fees, Sam grants you a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, publish, and distribute the Outputs generated for your account for your business and commercial purposes. This license continues after cancellation or termination of your account with respect to Outputs that you downloaded, published, or otherwise exported from the Service while your account was active; however, upon cancellation or termination, you will lose access to Outputs stored within the Service, and Sam has no obligation to retain or provide them to you.
Nature of AI Outputs. You acknowledge and agree that:
Your Review Responsibility. You are the boss. By default, the Service presents Outputs and proposed marketing actions for your review and approval before they are published or executed. You may enable settings that allow the Service to act automatically. In all cases, you are solely responsible for all Outputs that are published, submitted to advertising platforms, or otherwise distributed through or in connection with your account, whether approved by you or published automatically pursuant to settings you have enabled, and you assume all risk arising from the publication or use of Outputs.
Claims and Compliance. You are solely responsible for ensuring that all Outputs you use or publish comply with all applicable laws and regulations, including, without limitation, the Federal Trade Commission Act and FTC guidance concerning advertising, endorsements, and earnings claims; the TCPA and CAN-SPAM Act; and the advertising policies of any platform on which Outputs are published. Sam may, but is not obligated to, decline to generate or publish content that it believes violates these Terms or applicable law.
The Service allows you to connect third-party accounts, including advertising, social media, email, membership, and other business platforms (collectively, "Connected Accounts"). No account is connected automatically; connections happen only when you choose to connect an account.
By connecting a Connected Account, you expressly authorize Sam to access the Connected Account and to take actions through it on your behalf, which may include creating, publishing, scheduling, modifying, pausing, and deleting posts, advertisements, campaigns, audiences, and related assets, and retrieving performance and account data, in each case in accordance with the features you have enabled and the instructions you provide through the Service.
You represent and warrant that (a) you own or are authorized to grant Sam access to each Connected Account; (b) your use of the Service in connection with each Connected Account complies with the terms of service, advertising policies, and community guidelines of the applicable third-party platform; and (c) you will maintain any consents or permissions required for Sam to act through your Connected Accounts.
Third-party platforms are not under Sam's control. Sam is not responsible for the acts or omissions of any third-party platform, including account suspensions, ad rejections, policy enforcement actions, API changes, or outages that affect the Service. You may disconnect a Connected Account at any time, provided that disconnection may limit or disable Service features.
Fees payable to Sam for the Service do not include advertising spend. Amounts you spend on advertising through Connected Accounts ("Ad Spend") are charged to you directly by the applicable advertising platform under your agreement with that platform. You are solely responsible for all Ad Spend, for funding your advertising accounts, and for setting and monitoring budgets, spending limits, and campaign parameters. While the Service provides tools to configure budgets and may pause or adjust campaigns per your settings, Sam does not guarantee that Ad Spend will not exceed configured amounts due to platform behavior, billing timing, or technical error, and Sam shall have no liability for Ad Spend incurred through your Connected Accounts.
Sam makes no representation, warranty, or guarantee regarding the results you may achieve through the Service, including, without limitation, any particular level of sales, revenue, profit, return on ad spend, engagement, follower growth, conversion rate, or other business or marketing outcome. Any statistics, examples, or performance data referenced in Sam's marketing materials, including data derived from historical transactions processed through the SamCart platform, are illustrative only and are not a promise or guarantee of your results. Your results will depend on factors outside of Sam's control, including your products, pricing, market conditions, and Ad Spend.
You agree to pay Sam any fees for each Service you purchase or use in accordance with the pricing and payment terms presented to you for that Service.
Sam sells its Service on a subscription basis with a recurring "Billing Cycle." Billing Cycles are typically monthly or annually, depending on which terms you choose. Subscription payments and any other fees and taxes that may apply will be charged to your chosen payment method at purchase and at the start of each new Billing Cycle. Your subscription will automatically renew at the end of each Billing Cycle unless you cancel your account. If your payment for the renewal of your annual subscription fails, Sam reserves the right to adjust your payment terms to a monthly payment as long as the total cost does not exceed the original annual price you agreed to at the time of purchase. If you are unable to provide a successful payment for any subscription, Sam reserves the right to cancel your subscription.
Use of the Service's AI features is measured in credits ("AI Credits"). Each subscription plan includes an allotment of AI Credits, granted on a monthly basis, including for annual subscriptions. Different features and actions consume AI Credits at different rates, and Sam may adjust plan allotments and consumption rates from time to time, including by updating the pricing or plan details published within the Service or on our website.
Whether unused AI Credits carry over to a subsequent period is specified in your plan details, and Sam may modify carryover treatment. Whether carryover is granted or not is dependent on your Sam plan. If you exhaust your AI Credits before the end of a billing period, you may purchase additional AI Credits or upgrade your plan to continue using AI features; AI features may be limited or unavailable until you do.
AI Credits have no cash or monetary value, are not redeemable or refundable, may not be transferred or resold, and expire upon cancellation or termination of your account. Purchases of additional AI Credits are charged to your payment method on file at the time of purchase and are non-refundable.
We (through our third-party payment processors) will keep your payment information on file. We do not access this information except through provided programmatic methods by the provider(s). When your details change or are due to expire, we may obtain or receive from your payment provider updated payment details, including your card number, expiration date, and CVV (or equivalent). This enables your subscription charges to continue on schedule so you can maintain access to the Service. You authorize us to continue to charge your payment method using the updated information. If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may suspend or terminate your subscription until applicable changes have occurred. You also agree that we may charge your payment method on file if you elect to restart your subscription.
You may request to cancel your Service through the Billing page in your Sam dashboard, by contacting Sam Billing Support via email at billing@getsam.bot, or via the help widget found inside your Sam dashboard. Your Service will continue until the end of your Billing Cycle. In order to avoid being charged for the Service on the next billing date, you must submit your request to cancel at least 5 days prior to your next billing date using one of the outlined cancellation methods above.
If you cancel your Sam account, we reserve the right to delete any and all data associated with your account, including Outputs, brand assets, campaign history, and hosted pages.
Refunds are not guaranteed and may be considered upon request on a case-by-case basis, in Sam's sole discretion. An approved refund cannot exceed the payment amount. Monthly subscriptions are not eligible for a refund.
If you initially sign up for a plan that includes a free, discounted, or paid trial period: if you cancel prior to your first charge following the trial period, you will not be charged; if you do not cancel before the stated trial period expires, you will be billed for the full price of the plan starting on the day the trial period ends.
Sam may offer some or all of the Service on a beta, preview, or early-access basis ("Beta Services") and will be disclosed if you are in a Beta service. Beta Services are provided for evaluation purposes, may contain bugs or errors, and may be modified, suspended, or discontinued at any time without notice. Features available during a beta period may change or be removed at public launch, and pricing offered during a beta period may differ from pricing at public launch. Notwithstanding anything else in these Terms, Beta Services are provided "AS IS" without warranty of any kind, and Sam shall have no liability arising from your use of Beta Services beyond the limitations already set forth in these Terms.
Where the Service enables you to process payment transactions with your customers, payments are processed through SamPay, our payments service powered by our third-party payments processor and platform provider ("Stripe"), or through a supported third-party payment processor that you connect to your account, as described below. We reserve the right to change our payments processor at any time, in which case you agree to take steps as we may advise in order to migrate the payments service to another provider.
SamPay
Payments for your sales through SamPay are processed through a Stripe Connect account established for you, which is separate from the payment method you use to pay for your Sam subscription. To connect to our platform and process payments through Stripe, we will create a Stripe account (a "Stripe Connect Account") for you that is connected to our platform. You will be required to accept the terms of the Stripe Connected Account Agreement and Stripe Services Agreement as well as any other documentation Stripe may require (the "Stripe Documentation"). You agree to comply with the Stripe Documentation and not to engage in any activity that is expressly prohibited by the Stripe Documentation. Stripe processes your personal information in accordance with its own privacy policy, available at stripe.com/privacy. Stripe may deny the creation of a Stripe Connect Account or may suspend or terminate a Stripe Connect Account in its discretion in accordance with the Stripe Documentation.
You agree that we can directly access your Stripe Connect Account dashboard, including information about your transactions (including purchases and refunds) and Stripe account balance (your "Connected Account Data"), in order to collect fees, process payments and refunds, handle disputes, process chargebacks, and conduct any other activity necessary to provide the Service in accordance with these Terms and our Privacy Policy, and you give us express authorization to conduct any of the above activities on your behalf through your Stripe Connect Account.
We may exchange Connected Account Data with Stripe as necessary to detect and prevent fraud, misuse, and unlawful, abusive, or deceptive activity, and otherwise to allow us and Stripe to each comply with our legal and regulatory obligations.
You represent and warrant that all information provided to us or Stripe in connection with the creation or maintenance of a Stripe Connect Account is true and accurate in all material respects at all times.
You agree to indemnify, defend, and hold harmless Sam and Stripe and their respective affiliates from any claims brought by a third party arising out of any activity conducted through a Stripe Connect Account or arising out of your breach of these Terms or the Stripe Documentation.
Third-Party Payment Processors
The Service may also allow you to connect and process payments through supported third-party payment processors, such as PayPal, Braintree, and Easy Pay Direct. If you connect a third-party payment processor, your relationship with that processor is governed by your own agreement with the processor, including its terms of service and privacy policy, and you are responsible for maintaining your account with the processor in good standing. Sam is not a party to your agreement with any third-party processor and is not responsible for the acts or omissions of any third-party processor, including declined transactions, held or delayed funds, account suspensions, or fees charged by the processor.
You authorize Sam to access and exchange information with your connected payment processor, including transaction, refund, and dispute data, as necessary to provide the Service, calculate and collect fees owed to Sam, and comply with our legal obligations. You represent and warrant that all information you provide in connection with any connected payment processor is true and accurate in all material respects at all times, and you agree to indemnify, defend, and hold harmless Sam from any claims brought by a third party arising out of any activity conducted through your connected payment processor.
Processing Fees
Standard payment processing fees apply to every transaction you process through the Service, regardless of which payment processor you use, including purchase and payment transactions as well as credits, refunds, or returns. Fees charged by a third-party payment processor are separate from, and in addition to, fees payable to Sam. Fees are payable in accordance with the pricing schedule posted on our website.
Prohibited Products and Processor Restrictions
Every payment processor, including Stripe, maintains its own restricted business and prohibited product policies, and each processor decides independently which businesses, products, and transaction types it will support. You are solely responsible for ensuring that the products and services you sell, and the manner in which you sell them, comply with the policies of the payment processor you use. A payment processor may decline transactions, withhold or delay payouts, impose reserves, or suspend or terminate your account at any time based on what you sell or how you operate, and such decisions are made by the processor, not by Sam. Sam has no control over, and shall have no liability or responsibility for, any such action taken by a payment processor, including any resulting loss of sales, held funds, or account closure. If a processor terminates or restricts your account, you remain responsible for all fees owed to Sam and for fulfilling your obligations to your customers.
Our prices listed do not include any sales taxes, levies, duties, or similar governmental assessments of any nature by any jurisdiction (collectively, "Taxes") unless otherwise indicated. You are responsible for paying all Taxes associated with your purchase and keeping your billing information up to date. If any amount payable by you to Sam is subject to Taxes, Sam may, at its sole discretion, collect from you the full amount of any such Taxes, even if Sam has not previously collected such amounts. Any changes to your account or subscription may result in Sam collecting from you applicable Taxes.
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Sam, and Sam is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site or any changes or updates to a Linked Site. Sam provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Sam of the site or any association with its operators.
Any fees charged by Linked Sites or third-party platforms (including advertising platforms) are not included in any subscription or other fees payable by you to Sam. Any separate charges or obligations you incur in your dealings with Linked Sites or other third parties are your responsibility. Sam makes no representation or warranty regarding any information, goods, and/or services provided by any Linked Sites or other third parties.
Sam shall not be responsible or liable, directly or indirectly, for any damage or losses caused (or alleged to be caused) by or in connection with your use of (or reliance upon) any information, goods, or services made available on any Linked Sites, and you assume any and all risks related to your use of (or reliance upon) the Linked Sites.
Certain services made available via the Site are delivered by third-party sites and organizations, including third-party AI model providers. By using any product, service, or functionality originating from the Site, you acknowledge and consent that Sam may share such information and data with any third party with whom Sam has a contractual relationship to provide the requested product, service, or functionality on behalf of the Service's users and customers, in accordance with our Privacy Policy.
You are granted a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, and revocable license to access and use the Site and/or the Service strictly in accordance with these Terms. As a condition of your use of the Site and/or the Service, you warrant to Sam that you will not use the Site and/or the Service for any purpose or in any way that is prohibited by these Terms or that violates any applicable laws, statutes, regulations, orders, and/or other requirements in any jurisdiction and at any level. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not collect or aggregate information regarding other users' actions related to the Service, and you may not otherwise obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, the underlying AI systems, models, and software used to provide the Service, and the compilation thereof, is the property of Sam or its suppliers and licensors and is protected by copyright and other laws that protect intellectual property and proprietary rights. For clarity, nothing in this section limits your rights in Outputs as described in "The Sam Service and AI-Generated Content" above, or your ownership of Your Content as described below.
You will not modify, publish, transmit, reverse engineer, de-compile, hack, participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part, found on the Site. You will not use the Service or Outputs to develop, train, or improve any competing artificial intelligence model or service, and you will not attempt to extract, reconstruct, or discover the models, prompts, weights, or training data underlying the Service. We do not grant you any licenses, express or implied, to the intellectual property of Sam or our licensors except as expressly authorized by these Terms.
You retain ownership of, responsibility for, and all liability in respect of all content, materials, and information submitted by you to Sam through the Service, including your business information, product details, brand assets, images, copy, and instructions ("Your Content"). By submitting, posting, or displaying Your Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, display, and distribute Your Content in any and all media or distribution methods (now known or later developed) as necessary to provide, maintain, and improve the Service, including to generate Outputs for your account and to publish content to your Connected Accounts at your direction. For clarity, and as described in our Privacy Policy, we do not use Your Content to train AI models, and any use of information derived from the Services to improve the Service is limited to aggregated and de-identified information.
We may modify, adapt, or create derivative works from Your Content in order to transmit, display, or distribute it over computer networks and in various media, and/or make changes to Your Content as are necessary to conform and adapt it to requirements or limitations of any networks, devices, services, or media.
You also grant Sam a license and a non-exclusive right to use names, trademarks, service marks, and logos associated with your account to promote the Service.
By uploading content to the Site or Service, you warrant, represent, and agree that you have the right to upload such content and to grant Sam the license described above. You also represent, warrant, and agree that you have not and will not contribute any content that (a) infringes, violates, or otherwise interferes with any copyright or trademark of another party; (b) reveals any trade secret, unless the trade secret belongs to you or you have the owner's permission to disclose it; (c) infringes any intellectual property right of another or the privacy or publicity rights of another; (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive, or otherwise violates any right of any third party; (e) creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (f) contains other people's private or personal information without their express authorization and permission; (g) violates any applicable laws, statutes, regulations, orders, and other requirements; and/or (h) contains or links to a virus, trojan horse, worm, time bomb, or other computer programming routine or engine intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or information. Sam reserves the right, in its discretion, to remove any content from the Site or Service, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law.
You further represent and warrant that you will not use the Service, or upload or direct the generation of any content, to promote, market, encourage, or otherwise facilitate: (i) any illegal business activity; (ii) the sale or use of any illegal drugs, or the use of any substances other than as permitted by applicable law; (iii) any multi-level marketing activity (except as may be expressly permitted by the United States Federal Trade Commission's Business Guidance Concerning Multi-Level Marketing); (iv) the delivery of any "junk mail," including, but not limited to, messaging related to gambling, investment opportunities, direct-to-consumer scams, and "payday loan" programs; and/or (v) deceptive, misleading, or fraudulent advertising, including unsubstantiated health, financial, or earnings claims.
Sam does not control content uploaded to or generated through the Service at users' direction, and Sam neither endorses nor accepts responsibility for any such content.
Custom Code on Your Pages. The Service may allow you to add custom scripts or code to pages you publish (for example, analytics tags, advertising pixels, or chat widgets). You are solely responsible for any custom code you add, including for ensuring that it functions properly, does not introduce security vulnerabilities, and complies with all applicable laws, including cookie consent, privacy, and data protection laws in the jurisdictions where your visitors are located. You are responsible for providing your own privacy and cookie disclosures to visitors of your pages covering any tracking technologies you deploy, and for obtaining any legally required consents. Sam is not responsible for cookies or data collection resulting from custom code added by you or on your behalf.
You may not engage in abusive or excessive usage of the Service, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Service for other users. Sam will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to Sam.
Sam respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.
If you believe that your content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent for notice of alleged copyright infringement or other legal notices regarding content appearing on the Service is:
DMCA Copyright Agent SamCart Inc. d/b/a Sam 3200 Gracie Kiltz Lane, Suite 400 Austin, Texas 78758 Email: support@getsam.bot.
We reserve the right to remove content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. If we receive a claim that content associated with your account infringes another party's rights, we may notify you of the claim and request a response, which may include evidence supporting your right to use the content at issue (such as proof of ownership, license, or other authorization). You agree to respond to any such request promptly and in good faith. If you fail to respond within the timeframe we specify, or if we determine in our sole discretion that your response does not adequately address the claim, we may remove the content at issue and may suspend or terminate your account. In appropriate circumstances, Sam will also terminate a user's account if the user is determined to be a repeat infringer.
The Service is controlled, operated, and administered by Sam from our offices within the USA. Sam makes no representation that the Service (or any Content associated therewith) is appropriate or available for use in any other locations. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws, including local laws governing advertising and the use of artificial intelligence. You agree that you will not use the Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations (including, without limitation, by exporting or transmitting any elements of the Service or associated Content into any country to which the USA has embargoed goods, or to any person on any jurisdiction's applicable sanctions lists).
You agree to indemnify, defend, and hold harmless Sam, its officers, directors, employees, shareholders, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees and court costs) relating to or arising out of your use of or inability to use the Site or Service, any content submitted by you, any Outputs published or used by you or at your direction, any actions taken through your Connected Accounts, your violation of any terms of this Agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. Sam reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Sam in asserting any available defenses.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
If a dispute arises relating to the services provided under these Terms, you shall promptly provide written notice to Sam. The notice shall clearly outline the nature of the dispute, including relevant details, and the desired resolution. Upon receipt of the notice, Sam shall have a period of 30 days (the "Cure Period") to address the concerns raised by you. During this Cure Period, both parties shall engage in good faith negotiations to seek a mutually acceptable resolution. If, at the end of the 30-day Cure Period, the parties have been unable to reach a mutually satisfactory resolution, either party may proceed with legal action as permitted by this agreement and applicable laws.
Our Customer Support Department is available by email at support@getsam.bot, or via the in-Service communication found inside your Sam dashboard, to address any concerns you may have regarding the Service.
The parties further agree that in the event a dispute between them is to be litigated, the litigation shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND SAM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
All matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Maryland without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Maryland, in each case located in the County of Howard, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Attorney's Fees
In the event of any legal action arising from or related to these Terms, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs incurred in connection with the dispute, to the extent permitted by applicable laws.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
If we decide to change our terms and conditions, we will post those changes on this page and update the modification date above. In some cases, we may provide you with additional notice (such as adding a notice to our Services prior to the change becoming effective, or by sending you an email notification). We encourage you to periodically review our Terms and Conditions for the latest information.
THE INFORMATION, SOFTWARE, PRODUCTS, OUTPUTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE AND THE SERVICE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING ERRORS ARISING FROM THE PROBABILISTIC NATURE OF ARTIFICIAL INTELLIGENCE SYSTEMS. SAM AND/OR ITS SUPPLIERS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, LICENSORS, DISTRIBUTORS, SUB-LICENSEES, AGENTS, AND/OR SUBCONTRACTORS (COLLECTIVELY, THE "SAM PARTIES") MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE OR THE SERVICE AT ANY TIME. THE SAM PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR SERVICE (OR ANY PART THEREOF, INCLUDING CONTENT OR OUTPUTS) SHALL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE THE SITE AND THE SERVICE (AND ANY CONTENT OR OUTPUTS ASSOCIATED THEREWITH) ENTIRELY AT YOUR OWN RISK.
THE SAM PARTIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, OUTPUTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE OR IN THE SERVICE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, OUTPUTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SAM PARTIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO ALL INFORMATION, SOFTWARE, PRODUCTS, OUTPUTS, SERVICES, AND RELATED GRAPHICS IN RESPECT OF THE SITE AND THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, AND NON-INFRINGEMENT, AS WELL AS ANY EXPRESS OR IMPLIED WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY OF THE SAM PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, PROFITS, OR ADVERTISING SPEND, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SITE, THE SERVICE, OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, ANY OUTPUTS GENERATED OR ACTIONS TAKEN BY THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE OR THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ANY OF THE SAM PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE OR THE SERVICE.
THE FAILURE TO EXERCISE OR ENFORCE ANY RIGHT UNDER THESE TERMS SHALL NOT BE DEEMED TO BE A WAIVER OF THAT RIGHT OR ANY OTHER RIGHT UNDER OR RELATED TO THESE TERMS.
Sam reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. These Terms (and the obligations imposed upon you thereby) shall survive such termination to the extent that such survival is intended by their language, nature, and/or context. Upon termination, Sam will make commercially reasonable efforts to cease pending automated actions through your Connected Accounts, provided that you remain responsible for reviewing and managing your Connected Accounts directly, including any live campaigns.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sam as a result of this agreement or use of the Site. For the avoidance of doubt, references to Sam as an "AI employee" or "AI marketing employee" are descriptive of the Service's capabilities and do not create an employment, agency, or fiduciary relationship. Sam may assign these Terms, in whole or in part, at any time. You may not assign, transfer, or sub-license these Terms (or any of your rights or obligations under these Terms) without Sam's express prior written consent. You agree that Sam does not promise any user exclusivity in any particular market and expressly reserves the right to provide services to your competitors. Sam's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Sam's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Sam with respect to such use. Any heading, caption, or section title contained herein is inserted only as a matter of convenience and shall have no effect in respect of the interpretation of any section or provision hereof. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Sam with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Sam with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
This site is protected by Cloudflare Turnstile, and Cloudflare's Privacy Policy (https://www.cloudflare.com/privacypolicy/) applies to its operation.
Sam Affiliate Terms & Conditions can be found here (https://www.samcart.com/affiliate-terms-conditions).
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
Contact Us
Sam welcomes your questions or comments regarding the Terms:
SamCart Inc. d/b/a Sam 3200 Gracie Kiltz Lane, Suite 400 Austin, Texas 78758 Email Address: support@getsam.bot.