Terms of Service

Last updated: February 1, 2025

These Terms of Service ("Terms") govern your access to and use of the SoloAgency platform, website, and related services (the "Service") provided by SoloAgency Inc. ("SoloAgency," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Service Description

SoloAgency is an AI-powered marketing platform that enables agencies, marketing teams, and solo operators to create, manage, and deliver marketing content and services for their clients. The Service includes AI content generation, social media management, SEO tools, client management, reporting, and third-party integrations.

2. Account Terms

Registration

You must provide accurate, complete information when creating an account. You are responsible for maintaining the accuracy of your account information. You must be at least 18 years old to use the Service. By creating an account, you represent that you have the authority to bind your organization to these Terms.

Team Members

If your plan permits multiple team members, you are responsible for all activity that occurs under your account, including actions taken by your team members. Each team member must have a unique login. You may not share credentials between individuals.

Account Security

You are responsible for maintaining the security of your account credentials. You must notify us immediately at support@soloagency.io if you suspect unauthorized access to your account. We recommend enabling two-factor authentication, which is available on all plans.

3. Subscription and Billing

Plans

The Service is offered in multiple subscription tiers: Solo, Growth, Scale, and Business. Each tier includes different feature sets, client limits, and team member allowances as described on our Pricing page. Enterprise plans with custom terms are available by contacting our sales team.

Free Trial

New accounts receive a 14-day free trial with full access to the features in your selected plan. No credit card is required to start a trial. At the end of the trial, you must subscribe to a paid plan to continue using the Service. If you do not subscribe, your account will be paused (not deleted), and you can reactivate at any time by choosing a plan.

Billing

Subscriptions are billed either monthly or annually, based on your selection. Annual subscriptions are billed upfront for the full year at a discounted rate. All fees are in US dollars and are non-refundable except as described below. Your subscription automatically renews at the end of each billing period unless you cancel before the renewal date.

Upgrades and Downgrades

You can upgrade your plan at any time; the new features are available immediately, and you will be charged a prorated amount for the remainder of your billing period. Downgrades take effect at the start of your next billing period. If a downgrade would exceed the limits of the new plan (e.g., more clients than the plan allows), you must reduce usage before the downgrade takes effect.

Refunds

We offer a 30-day money-back guarantee on your first subscription payment. After 30 days, subscription fees are non-refundable. Refunds for annual subscriptions are prorated based on the remaining unused months. To request a refund, contact billing@soloagency.io.

Taxes

All prices are exclusive of taxes. You are responsible for any applicable sales tax, VAT, or other taxes based on your location. We will collect and remit taxes where legally required.

4. AI-Generated Content — Ownership and Licensing

This section outlines the ownership and licensing terms for content created using our AI features. This is a critical part of our Terms, so please read it carefully.

Your Input Data

You retain all ownership rights to the data you provide to the Service, including client information, brand guidelines, marketing materials, and any other content you upload or enter ("Input Data"). By using the Service, you grant SoloAgency a limited, non-exclusive, worldwide license to use your Input Data solely to provide and improve the Service — including processing it through AI systems to generate content on your behalf.

AI-Generated Content Ownership

You own all AI-generated content produced through the Service using your Input Data and account. This includes blog posts, social media content, SEO content, email copy, reports, and any other outputs generated by our AI on your behalf. You may use, modify, publish, and distribute this content without restriction.

Important Disclaimers

  • AI content may contain errors. AI-generated content may include factual inaccuracies, outdated information, or inappropriate material. You are responsible for reviewing, editing, and verifying all AI-generated content before publishing or distributing it.
  • Similar outputs are possible. Because AI models generate content based on patterns and probabilities, it is possible that the Service may generate similar or identical content for different users, particularly for common topics or phrases. We do not guarantee that AI-generated content is unique.
  • No legal or professional advice. AI-generated content does not constitute legal, medical, financial, or other professional advice. You should consult qualified professionals for such matters.
  • Review before publishing. You must review all AI-generated content before publishing, distributing, or providing it to clients. SoloAgency is not liable for any consequences of publishing unreviewed AI content.

Agency Considerations

If you use SoloAgency to produce content for your clients, you represent and warrant that you have the right and authorization to provide client data to the Service, your clients are aware that AI tools may be used in the content creation process (to the extent required by your agreements with them), and you will review all AI-generated content for accuracy and appropriateness before delivering it to clients.

5. Intellectual Property

SoloAgency IP

The Service, including all software, algorithms, user interface, documentation, branding, and any improvements or derivatives thereof, is and remains the exclusive property of SoloAgency. These Terms do not grant you any rights to our intellectual property beyond the limited right to use the Service under your subscription.

Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant SoloAgency a non-exclusive, royalty-free, perpetual, irrevocable license to use that feedback for any purpose, including improving the Service, without any obligation to you.

Your Trademarks

You retain all rights to your trademarks, logos, and brand assets that you upload to the Service. We will not use your trademarks outside of providing the Service to you, except with your written consent (for example, if you agree to be featured as a case study).

6. Data Processing Responsibilities

For the purposes of data protection law:

  • You are the data controller for any personal data relating to your clients that you process through the Service. You determine the purposes and means of processing.
  • SoloAgency is the data processor acting on your behalf. We process personal data only as instructed by you and as necessary to provide the Service.

We offer a Data Processing Agreement (DPA) that covers GDPR and other applicable data protection requirements. The DPA is available upon request by emailing privacy@soloagency.io, and is automatically incorporated into these Terms for all accounts processing EU/EEA personal data.

7. Acceptable Use Policy

Prohibited Uses

You may not use the Service to:

  • Generate or distribute illegal content
  • Create spam, phishing, or deceptive content
  • Impersonate other people or organizations
  • Generate content that infringes on third-party intellectual property
  • Circumvent usage limits, rate limits, or access controls
  • Reverse-engineer, decompile, or attempt to extract the source code of the Service
  • Resell access to the Service except through authorized white-label features
  • Use the Service to build a competing product or service

Content Restrictions

You may not use the Service to generate content that promotes violence or hatred, is sexually explicit or exploitative, constitutes harassment or bullying, is misleading or deceptive in a way that could cause harm, or violates any applicable law or regulation.

Enforcement

We reserve the right to suspend or terminate your account if we determine, in our reasonable judgment, that you have violated this Acceptable Use Policy. Where possible, we will provide notice and an opportunity to remedy the violation before suspending your account.

8. Uptime and Service Level

We target 99.9% uptime for the Service, measured on a monthly basis, excluding scheduled maintenance. Scheduled maintenance windows will be communicated at least 48 hours in advance via email and our Status Page.

SLA Credits (Scale Plan and Above)

Customers on the Scale plan or above are eligible for service level credits if uptime falls below 99.9% in a calendar month:

  • 99.0%–99.9% uptime: 10% credit of that month's fees
  • 95.0%–99.0% uptime: 25% credit of that month's fees
  • Below 95.0% uptime: 50% credit of that month's fees

Credits must be requested within 30 days of the affected month by emailing support@soloagency.io. Credits are applied to future invoices and are not redeemable for cash.

9. Limitation of Liability

As-Is Service

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

No Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOLOAGENCY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

Liability Cap

SOLOAGENCY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNTS YOU PAID TO SOLOAGENCY IN THE 12 MONTHS PRECEDING THE CLAIM.

AI-Specific Disclaimers

Without limiting the above, SoloAgency specifically disclaims liability for:

  • Factual inaccuracies in AI-generated content
  • Copyright or intellectual property claims arising from AI-generated content
  • Business decisions made based on AI-generated analytics or recommendations
  • Content published without human review
  • Similarity of AI outputs to third-party content

10. Indemnification

You agree to indemnify, defend, and hold harmless SoloAgency and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Service
  • Content you generate, publish, or distribute using the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Data you provide to the Service, including client data

11. Termination and Data Export

Termination by You

You can cancel your subscription at any time from your account settings. Cancellation takes effect at the end of your current billing period. You retain access to the Service until the end of the period you've paid for.

Termination by SoloAgency

We may suspend or terminate your account if you violate these Terms, fail to pay fees when due, or if we are required to do so by law. For non-payment, we will provide at least 14 days' notice before suspension. For Terms violations, we will provide notice and a reasonable opportunity to cure the violation where possible.

Data Export Window

Upon cancellation or termination, you have 30 days to export your data. After 30 days, your data will be queued for permanent deletion. Data exports are available in the following formats:

  • JSON — full structured export of all data
  • CSV — tabular data (clients, analytics, contacts)
  • PDF — reports and generated content documents
  • HTML — website content and templates

Survival

Sections relating to intellectual property, limitation of liability, indemnification, and dispute resolution survive termination of these Terms.

12. API Terms

API access is available on the Scale plan and above, subject to the following terms:

Access and Authentication

API keys are provided through your account dashboard. You must keep your API keys confidential and are responsible for all activity under your keys. Do not embed API keys in client-side code or public repositories.

Rate Limits

API requests are subject to rate limits based on your plan. Current rate limits are published in our API documentation. We may adjust rate limits with 30 days' notice.

Restrictions

You may not use the API to build a product or service that competes with SoloAgency. You may use the API to integrate SoloAgency with your own tools, workflows, and client-facing applications.

Breaking Changes

We will provide at least 90 days' notice before introducing breaking changes to the API. Non-breaking changes (new endpoints, new optional fields) may be introduced without notice. We maintain API versioning to allow gradual migration.

13. White-Label Terms

White-label features are available on the Scale plan and above.

Your Responsibilities

When using white-label features, you are responsible for all interactions with your end clients who access the Service under your branding. You must provide your own terms of service and privacy policy to your end clients. You are responsible for ensuring your use of the white-label Service complies with all applicable laws.

Branding

You may replace SoloAgency branding with your own. You may not misrepresent the Service as being entirely built by you if directly asked. You may use a custom domain for the client-facing portal.

End Client Data

Data provided by your end clients is stored within your account. You are the data controller for your end clients' data. SoloAgency's relationship is with you, not with your end clients.

14. Modifications to Terms

We may update these Terms from time to time. For material changes, we will provide at least 30 days' written notice by email and in the application before the changes take effect. Non-material changes (typo corrections, formatting) may be made without notice. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service before the effective date.

15. Dispute Resolution

Informal Resolution

Before initiating any formal dispute, you agree to contact us at legal@soloagency.io and attempt to resolve the dispute informally for at least 30 days.

Binding Arbitration

If we cannot resolve a dispute informally, you and SoloAgency agree to resolve any claims relating to these Terms or the Service through final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in English. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver

YOU AND SOLOAGENCY 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.

Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. For any disputes not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Delaware.

Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

16. General Provisions

  • Entire Agreement. These Terms, together with the Privacy Policy and any applicable DPA, constitute the entire agreement between you and SoloAgency regarding the Service.
  • Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
  • No Waiver. Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
  • Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. SoloAgency may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets, with notice to you.
  • Force Majeure. SoloAgency shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, pandemics, wars, government actions, power failures, internet disruptions, or third-party service outages.
  • Notices. Notices to you will be sent to the email address associated with your account. Notices to SoloAgency must be sent to legal@soloagency.io.
  • Independent Contractors. The relationship between you and SoloAgency is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, or employment relationship.

17. Contact

For questions about these Terms: