Effective Date: January 2, 2025
By accessing or using the COS (Communications Optimization System) platform operated by SEMalytics ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our services.
These Terms apply to all visitors, users, and others who access or use the Service.
COS is a communications analysis platform that measures message-audience alignment using personality psychology frameworks. The Service analyzes user-submitted content and provides optimization recommendations based on Big Five personality traits, HAPE (High-Arousal Positive Engagement), Strategic Clarity, and Sovereign Mind frameworks.
COS is not:
To access certain features of the Service, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.
We reserve the right to suspend or terminate your account at any time for any reason, including violation of these Terms.
You agree not to use the Service to:
You retain all ownership rights to the content you submit to the Service for analysis ("User Content"). By submitting User Content, you grant us a limited, non-exclusive license to process your content solely for the purpose of providing the Service.
We do not sell, share, or use your User Content to train AI models. User Content is processed solely to generate your analysis results and is not retained beyond the period necessary to deliver the Service, unless you choose to save it to your account.
You are solely responsible for the User Content you submit and represent that you have all necessary rights to submit such content for analysis.
The Service, including its original content, features, functionality, and underlying technology, is and will remain the exclusive property of SEMalytics. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries.
"COS," "Communications Optimization System," "SEMalytics," and associated logos are trademarks of SEMalytics. You may not use these marks without our prior written consent.
Any feedback, suggestions, or ideas you provide regarding the Service may be used by us without any obligation to you.
Current pricing is available on our website. We reserve the right to modify pricing at any time, with notice to existing subscribers.
For subscription plans, you authorize us to charge your payment method on a recurring basis. You are responsible for providing accurate billing information.
Pilot program participants are eligible for a full refund of their first month if not satisfied. Refund requests must be made within 30 days of the initial charge. Contact billing@semalytics.com for refund requests.
You are responsible for any applicable taxes associated with your use of the Service.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
COS provides analysis and recommendations based on personality psychology frameworks and semantic analysis. Results are predictive and based on population-level research. We do not guarantee any specific business outcomes, conversion rates, or engagement improvements from using the Service.
The Service does not provide psychological assessment, medical advice, legal advice, or professional marketing consulting. The analysis and recommendations provided are for informational purposes only.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SEMALYTICS, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
You agree to defend, indemnify, and hold harmless SEMalytics and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any rights of another.
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.
Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law provisions.
Any disputes arising from these Terms or the Service shall be resolved in the state or federal courts located in King County, Washington, and you consent to the personal jurisdiction of such courts.
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of SEMalytics.
These Terms constitute the entire agreement between you and SEMalytics regarding the Service and supersede all prior and contemporaneous written or oral agreements between you and SEMalytics.
If you have any questions about these Terms, please contact us:
SEMalytics
Email: legal@semalytics.com
Website: https://semalytics.com
