Terms of Service

Acceptance of the Terms

1.1. These terms of service (“Terms”) govern your account and any Sub-Account (as further

described herein) and the use of the Tiberius AI service (“Service”). Please read these Terms carefully, as your use of the Service creates a binding agreement between you and Tiberius AI , LLC d/b/a Tiberius AI (“Tiberius AI” or “We”) to these Terms and our Privacy Policy. You may read the current version of our Privacy Policy by selecting the “Privacy Policy” link displayed on our Service, and which are also available here.

1.2. If you are entering into these Terms on behalf of a business organization (and not as an

individual), you agree to register an individual account for each of the authorized

employees, agents, and third-party contractors (“Sub-Account”) and pay any applicable fees

to obtain authorized access as set forth in these Terms. These Terms shall govern the use of

the Service by such employees, agents, and third-party contractors on your behalf, and you

shall remain liable for their acts or omissions.

1.3. You are solely responsible for all activity under any account or Sub-Account you create for

the Service. You agree (individually, and on behalf of any Sub-Account) not to share any

username, password, or account information with any third parties. You agree to your

password confidential and not to use it on other websites. You are solely responsible for any

damages incurred from the unauthorized use of your account, any Sub-Account, or the

Service. You agree to notify us immediately, in writing, in the event you become aware of

any unauthorized use of your password, account, or Sub-Account. We may rely on the

provision of your username and password as identifying and authenticating you as the

authorized user.

1.4. Your use of the Service may be pursuant to a separately executed agreement. Those

additional terms become part of your agreement with us.

Modifications to Terms or the Service

2.1. We may change these Terms from time to time by posting a revised version of the Terms on

the Service or a website we direct you to. Changes to the Terms are effective thirty days

after posting on the Service.

2.2. We also reserve the right to modify the Service at any time, with or without notice. We may

add, remove, or change functionality or features, or discontinue the Service altogether.

2.3. You should review these Terms frequently for modifications to these Terms or the Service.

Your continued use of the Service after modifications are made constitutes agreement to

the modifications. If you do not agree to the modifications to the Terms or the Service, you

should discontinue your use.

The Service

3.1. Tiberius AI , LLC operates DBA Tiberius AI, a Software as a Service (SaaS). Tiberius AI is an automated, multi-communication platform that enables email, text, VR (voice recordings), and messenger to create meaningful conversations with prospects, clients, past customers, and any other interested party. Tiberius AI enables users to automate authentic follow-up practices to drive more conversions and deeper engagement.

Paid Subscriptions

4.1. If you are an individual, you agree to pay the monthly fee each month set forth in the

Service in order to use the Service. If you are registering to use the Service on behalf of an

business organization, you agree to pay the monthly fee for each Sub-Account you establish

with its status set to “Active” (“Active Users”). You agree to ensure that your Active Users do

not share login or password information. You may maintain Sub-Accounts with its status not

set to “Active” for recordkeeping purposes, but the Sub-Account will not have access to the

Service until it is later set to “Active.” You are solely responsible for maintaining the “Active”

status of Sub-Accounts. We will not provide a refund or credit for your failure to maintain an

accurate status for a Sub-Account.

4.2. We will bill the credit card that you provide us based on your current total number of Active

Users. We will begin to charge you each month for your use one month in advance, starting

with the date that you provide us your billing information. We will bill you on a recurring

monthly basis thereafter. You may cancel your monthly subscription at any time.

4.3. You agree to pay us the fees for the Service, in these Terms, or as otherwise set forth herein.

You agree to pay all fees in US dollars by credit card or by other approved methods of

payment we may offer on the Service.

4.4. If you fail to make a payment when due, in addition to other remedies that may be

available, we may suspend your access to the Service. You agree to reimburse us for all costs

incurred in collecting and late payments or fees, including reasonable attorney’s fees, court

costs, and collection agency fees.

4.5. Fees do not include local, state, federal, or foreign taxes, fees, duties, or other governmental

charges (“Taxes”) arising from the fees you pay under the Terms. You agree to pay all

applicable Taxes, not including Taxes based on our net income or property. If we determine,

in our sole discretion, that we have the legal obligation to pay or collect Taxes arising from

the use of the Services or the Service, we will add such amounts to the amount you owe us

and you agree to pay such Taxes unless you provide us with a valid tax exemption certificate

from the applicable taxing authority.

Your Accounts

5.1. The Service is available only to individuals who are authorized to use it or otherwise

permitted under applicable law. You agree to abide by these Terms and our Privacy Policy

when using the Service. You are solely liable for any damages or losses caused by your

breach of the Terms or Privacy Policy.

5.2. You may be required to create an account and a password to use the Service. You must be

at least 18 years old and you must provide truthful and accurate information about yourself.

We may request that you provide evidence of your age and we reserve the right to prohibit

your use of the Service if you fail to do so. Please update your account as your information

changes.

5.3. You are solely responsible for all activity under any account you create using our Service. Do not share your account with anyone else. Keep your password confidential and try not to

use it on other websites. You are solely responsible for any damages incurred from the

unauthorized use of your account. You agree to notify us immediately, in writing, in the

event you become aware of any unauthorized use of your password or account. We may

rely on the provision of your username and password as identifying and authenticating you

as the user.

Content You Post

6.1. You may only post Content (i.e., data, text, music, sound, photographs, graphics, video,

messages or other material) on the Service if you own or have permission to use that

Content. You agree that you will not post Content that violates or infringes upon our or any

third party’s intellectual property rights (including copyrights, trademarks, trade secrets,

patents, publicity rights or, to the extent protectable, confidential ideas). You warrant that

the Content does not violate these Terms and will not cause injury to third parties. You

further warrant that the Content you post is truthful, accurate, and complete, and agree to

update the Content as necessary to maintain its truthfulness, accuracy, and completeness.

6.2. You are responsible for protecting your own intellectual property rights. You grant us a

worldwide, irrevocable, perpetual, non-exclusive, royalty-free license to reproduce, encode,

store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify,

create derivative works of, exhibit, and otherwise use your Content.

6.3. The views, opinions, recommendations, advise, and theories of users is not ratified,

subscribed to, or advocated by Tiberius AI. Content is not previewed by Tiberius AI, but we reserve the right, but not the duty, to monitor your posts. We may remove, disable, or restrict access to the Service and any Content from the Service (including, but not limited to, Content that you have posted or stored) that we believe, in good faith and in our sole discretion, to violate these Terms (whether or not we are in fact correct in our assessment).

If you believe that we have acted mistakenly with respect to certain Content, you may

further action. Posting or storing Content using the Service is a privilege, not a right. Under

no circumstances may we be held liable for removing, disabling or restricting access to or

the availability of Content. We may terminate your right to use the Service because of your

posts.

6.4. We may use Content with or without attributing that Content to any user, and for any

purpose, subject to our Privacy Policy. We may make the Content available to others. We

may use public networks or other media to transmit or distribute the Content and may

make changes as necessary to conform or adapt the Content to technical requirements of

networks or other media. You agree that we are not bound by any confidentiality

requirements regarding this Content. If you send us any other information, ideas,

suggestions, or communications, it will not be confidential, and we reserve the right to

reproduce, use, disclose, and distribute it without any obligation to you.

6.5. You agree that you are solely liable for damages caused by the Content, including to third

parties and for infringement or otherwise. You agree to indemnify, release, and hold us

harmless from any all liability, claims, actions, loss, harm, damage, injury, cost or expense

arising out of any Content you post.

Content Posted by Others

7.1. We do not preview or endorse the Content posted by others. We are not liable, directly or

indirectly, for any loss or damage resulting from Content posted by others.

Your Use of the Service

8.1. Please do not post or transmit through the Service any data, text, music, sound,

photographs, graphics, video, messages, or other material that: (1) violates any laws; (2)

infringes on anyone’s privacy or publicity rights; (3) is defamatory, harassing, abusive,

threatening, obscene, hateful, sexist, or racially or ethnically offensive; (4) promotes

software or services that delivery unsolicited mail; or (5) promotes, encourages, or

facilitates terrorism or other activities that risk national security..

8.2. You may not upload, post, email, or otherwise transmit any material on or through the

Service that: (1) contains viruses, Trojan horses, worms, cancel bots, time bombs, spyware,

or similar computer programming routines; (2) is knowingly untrue, inaccurate, or

misleading; (3) obtains information from or through the Service in an unauthorized manner;

or (4) damages or interferes with the operations of the Service or with other users of this

Service.

8.3. You further agree that you will not: (1) misuse passwords or posted information; (2) use

another user’s account without their permission; (3) impersonate any person or entity,

falsely state or otherwise misrepresent your affiliation with a person or entity, or forge

headers or otherwise manipulate identifiers in order to disguise the origin of any material

transmitted on or through the Service; (4) infiltrate or otherwise seek to gain unauthorized

access to, or compromise the integrity of, the Service; (5) harvest, collect, or store

information about the users of this Service or the other material posted by others on this

Service (including personal information); (6) use Content for any purpose inconsistent with

the purpose of this Website; (7) use hidden pages, images, or restricted access pages; (8)

use the Service in connection with surveys, contests, pyramid schemes, chain letters, junk

email, spam, or any duplicative or unsolicited messages; (9) use any automated procedure

to gather information or data from the Service by means of what is commonly called a “bot”

or otherwise; (10) interfere with or disrupt the Service, servers, or networks connected to

the Service; (11) breach or attempt to breach the security of software, networks, servers,

data, computers, or other hardware relating to the Service (or that of any third party that is

hosting or interfacing with any part of the Service); (12) create any frames at any other

websites pertaining to or using any of the information provided through the Service, or

promote bonus items, giveaways, random drawings, contests, or prizes on the Service; or

(13) duplicate, copy, or otherwise exploit the Service or its Content for commercial

purposes.

8.4. Please note that by creating a user account, posting Content on the Service, or otherwise

providing us with your contact information (email address, postal address or phone

number), you agree that we or our agents may contact using that information in a manner

consistent with our Privacy Policy. Specifically, you consent to receive electronic

communications from us related to your use of a Service. Notices may be posted on the

website or sent via email. Notices directly specifically to you are deemed delivered and

effective when sent to the email address you provide. You agree that agreements, notices,

disclosures and other communications that are provided to you electronically satisfy any

legal requirement that such communications be in writing.

Intellectual Property

9.1. Using our Service does not give you ownership of any intellectual property rights to the

content you access. You may not use, publish, or disseminate Content from our Service

unless you obtain permission from us or its owner, or unless you are otherwise permitted by

law. Unauthorized use, publication or dissemination of any Content, other than a link to this

Service, without our express written consent, may result in civil or criminal penalties, and

will be prosecuted to the fullest extent possible under the law. It may also result in

termination of the user’s right to use and/or access the Service.

9.2. We grant you a personal, limited, non-exclusive, non-transferable, freely revocable license

to view, download, or print Content available on the Service. The Content you view,

download, or print may be subject to other licenses and you agree to abide by those

licenses. We may limit your ability to view, download, or print Content at our sole

discretion.

9.3. Unless otherwise stated, nothing within the Terms of Use or the Service shall be construed

as conferring any license under the Terms of Use of any of our intellectual property rights,

or those of a third party, whether by estoppel, implication, waiver, or otherwise. You agree

not to modify, alter, remove, or deface any of the trademarks, service marks, or other

intellectual property made available by us in connection with the Service. You agree not to

use any of the trademarks, service marks, or other Content accessible through the Service

for any purpose other than the purpose for which this Content is made available to you. You

agree not to defame or disparage us, our trademarks or service marks, or any aspect of the

Service. Unless otherwise stated, you agree not to adapt, translate, modify, decompile,

disassemble, copy, create derivative works of, or reverse engineer the Service or any

software or programs used in connection with the Service.

9.4. If you believe any Content on the Service infringes your copyrights, you may request that we

remove the Content from the Services (or disable access to that Content), please forward

the following information to Tiberius AI via https://tiberius.ai/contact.

9.5. Your postal address, telephone number, and email address;

9.5.1. A description of the copyrighted work that you claim has been infringed;

9.5.2. A description of the location of an original or an authorized copy of the copyrighted

work, such as a URL;

9.5.3. A description of where the alleged infringing material is located, such as a URL;

9.5.4. A statement by you that you have a good faith belief that the disputed use is not

authorized by you, the copyright owner, its agent, or the law;

9.5.5. An electronic or physical signature of the person authorized to act on behalf of the

owner of the copyright interest; and

9.5.6. A statement by you, made under penalty of perjury, that the above information in

your notice is accurate and that you are the copyright owner or authorized to act on

the copyright owner’s behalf.

9.6. You grant to us a nonexclusive, perpetual, worldwide, royalty-free and fully-paid license to

use the data you provide to us to perform our obligations under these Terms, to improve

and enhance our products and Services, and as permitted under our Privacy Policy. In

addition, we shall have the right to access, use, modify, store, manipulate, distribute and

publish in a de-identified format all data you provide for any legally permissible purpose,

including, but not limited to, benchmarking purposes and for otherwise improving Services.

Social Networks and Other Third-Party Links

10.1. The Service may include features that operate in conjunction with certain third-party

websites, including social networking websites. If you decide to access any third-party links,

you do so at your own risk. Your access and use of third-party websites and the services

provided through those websites is subject to separate terms of use or other agreements

posted on those sites. You are responsible for reviewing and complying with those terms of

use or other agreements. We have no control over the content posted on those sites and

make no representations about their availability, content, or security. Links are not intended

to imply sponsorship, affiliation, responsibility, or endorsement. We provide no warranty as

to the accuracy, availability, completeness, or legality of any information found on these

sites. We provide no warranty that these sites are virus free and will not otherwise harm

your device, computer, network, or system. We are not liable for these sites’ actions or their

failure to act. We are not liable for damages or losses that you incur as a result of accessing

third-party links.

10.2. If you believe that we have provided a link to a site that contains infringing or illegal

content, we ask that you notify us so that we may evaluate whether, in our sole discretion,

to disable or delete it.

Termination of Use or of an Account

11.1. We may, in our sole discretion, terminate or suspend your access to all or part of the

Service, Content and/or other services for any or no reason and with no prior notice to you.

We reserve the right to take down Content, terminate your account, prohibit you from using

the Services, and/or take appropriate legal actions if we find that you have breached these

Terms or our Privacy Policy or otherwise acted inappropriately. If we terminate for any

reason other than your breach or misconduct, and you have prepaid for services, we will

reimburse you on a pro rata basis. Note that disabling your account may affect your access

to services on the Service, account details, files or other material in the account. Upon

termination of these Terms for any reason, your authorization to use the Service will

likewise terminate, and you shall immediately cease use thereof. Any provision that must

survive to give proper effect to its intent (e.g., indemnity, any perpetual license, limitations

on liability, disclaimers, representations and warranties, etc.) shall survive the expiration or

termination of these Terms.

11.2. You may terminate these Terms at any time [i.e., by discontinuing use of the Service and/or

services provided by Tiberius AI/with written notice to Tiberius AI]. Please use our contact page at https://tiberius.ai/contact.

Our Warranties and Disclaimers of Liability

12.1. YOU AGREE THAT ALL ACCESS AND USE OF THE SERVICE AND ITS CONTENTS IS AT YOUR

OWN RISK. THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE MAKES NO

WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT

THE SERVICES OR THE INFORMATION, SOFTWARE, FUNCTIONS, PROCESSES OR OTHER

CONTENT HEREIN.

12.2. WE DISCLAIM ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY,

INTEGRATION, APPROPRIATENESS, RELIABILITY, COMPLETENESS, TIMELINESS,

MERCHANTABILITY OR USEFULNESS, ARISING FROM TRADE USAGE, COURSE OF DEALING,

COURSE OF PERFORMANCE, OR OTHERWISE, OF THE SERVICE.

12.3. WE DISCLAIM ANY WARRANTY THAT THE SERVICE WILL BE SECURE, UNINTERRUPTED, NOT

DELAYED OR SUSPENDED, NON-INFRINGING, UNCHANGED OR ERROR FREE OR THAT WE

WILL CORRECT ANY DEFECTS THAT ARE FOUND.

12.4. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT, EXCEPT WHERE PROHIBITED, WE

SPECIFICALLY DISCLAIM ANY LIABILITY (WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE,

STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, COMMON LAW,

STATUTORY, REGULATORY, CONSEQUENTIAL, COMPENSATORY, PUNITIVE, EXEMPLARY, OR

SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO

OR USE OF THE SERVICE, (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES), INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR GOODWILL, LOST

BUSINESS OPPORTUNITY, DAMAGE TO BUSINESS REPUTATION, COMPUTER FAILURE, ANY

FAILURE OF DELIVERY, THE COST OF PROCURING SUBSTITUTE GOODS AND/OR SERVICES,

INCOMPLETE COMMUNICATION, INTERRUPTION OF SERVICE, LOST OR DAMAGED DATA,

VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, OR THE VIOLATION OF YOUR

RIGHTS BY ANY THIRD PARTY.

12.5. WE MAKES NO REPRESENTATIONS THAT THE MATERIALS CONTAINED WITHIN THE SERVICE

ARE APPROPRIATE FOR LOCATIONS OUTSIDE THE UNITED STATES.

12.6. THE TERMS OF USE DO NOT AFFECT THOSE STATUTORY RIGHTS THAT YOU ARE ENTITLED TO

AS A CONSUMER AND THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE.

12.7. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH PERTINENT STATE, FEDERAL, OR

LOCAL LAWS, RULES, AND REGLUATIONS, INCLUDING, BUT NOT LIMITED TO, THE

TELEPHONE COMMUNICATIONS PROTECTION ACT (47 USC § 227) AND FEDERAL AND STATE

DO NO CALL LAWS. WE ARE NOT OBLIGATED TO INFORM USERS OF ANY LAWS.

12.8. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY

OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Indemnification

13.1. You agree to defend, indemnify, and hold us harmless from and against any claims, actions,

or demands, including, without limitation, legal and accounting fees, arising or resulting

from:

13.1.1. Your breach of these Terms;

13.1.2. Your access to, use or misuse of the Service, or any Content, Materials, information

or services provided for on or by the Service;

13.1.3. Your negligence, actions, or omissions;

13.1.4. Your violation or alleged violation of any law, regulation, or ordinance; or

13.1.5. Your violation or alleged violation of the rights of any third party.

13.2. We shall provide notice to you of any such claim, suit, or proceeding. We reserve the right

to assume the exclusive defense and control of any matter which is subject to

indemnification under these Terms. In such case, you agree to cooperate with any

reasonable requests assisting us in the defense of such matter. Your obligations as stated

herein survive these Terms and your use of the Service.

Additional Terms

14.1. Choice of Law and Venue. These Terms are governed by the internal substantive laws of the

State of Ohio without respect to its conflict of laws provisions. You expressly agree to submit

to the exclusive personal jurisdiction of the state and federal courts in Franklin County,

Ohio.

14.2. Severability. If any provision of these Terms is found to be invalid by any court having

competent jurisdiction, the invalidity of such provision shall not affect the validity of the

remaining provisions of these Terms, which shall remain in full force and effect.

14.3. No Waiver. Failure by us to act on or enforce any provision of these Terms shall not be

construed as a waiver of that provision or any other provision in these Terms. No waiver

shall be effective against us unless made in writing, and no such waiver shall be construed as

a waiver in any other or subsequent instance.

14.4. Entire Agreement. Except as expressly agreed to in writing by us, these Terms constitute the

entire agreement between the parties with respect to the subject matter, and supersede all

previous or contemporaneous agreements, whether written or oral, between the parties

with respect to the subject matter.

14.5. Headings. The section headings are provided merely for convenience and shall not be given

any legal import.

14.6. Assignability. You may not assign or transfer any rights under these Terms (or your account)

to anyone without our consent. However, you agree that we may assign our rights and

obligations to our affiliates or to a party that buys it without your consent.

14.7. Third-Party Benefits. These Terms do not create any third-party beneficiary rights to any

person who is not a party. However, companies affiliated with Tiberius AI may be considered

third-party beneficiaries of these Terms.

14.8. Survival of Terms. Provisions of the Terms relating to limitation of liability, indemnification,

venue, choice of law, and any other provisions that by their nature should survive, will

survive the termination of these Terms.

14.9. Public Information. Except as otherwise stated in our Privacy Policy, any information

submitted or provided by you to the Service might be publicly accessible. Important and

private information should be protected by you. We are not liable for protection of privacy

of electronic mail or other information transferred through the Internet or any other

network that you may use.

Should you have any questions or concerns regarding these Terms, you may contact us at
https://tiberius.ai/contact.

These terms were last updated on April 22, 2023.