Terms of Use

1. Acceptance of Terms

Welcome to Rascon. These Terms of Use ("Terms") constitute a legally binding agreement between you ("you," "your," or "user") and Rascon ("we," "us," or "our") governing your access to and use of the Rascon platform, including our website, services, and applications (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

Rascon is an AI-powered marketing platform that enables users to:

• Generate marketing content using artificial intelligence
• Create videos in multiple quality tiers (static images with text, voiceover-enhanced content, and premium video)
• Publish content to social media platforms
• Track attribution and conversions through unique tracking links
• Access competitor intelligence and research insights
• Manage marketing campaigns across multiple channels

The Service is designed for solopreneurs, small businesses, and marketers seeking to test and scale content efficiently.

3. Eligibility

To use the Service, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Service under applicable laws
• Provide accurate and complete registration information

By using the Service, you represent and warrant that you meet these eligibility requirements.

4. Account Registration and Security

Account Creation

When the Service becomes available, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Not share your account credentials with others
• Notify us immediately of any unauthorized access

Account Responsibility

You are responsible for all activities that occur under your account, whether authorized by you or not. We are not liable for any loss or damage arising from unauthorized use of your account.

5. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

Prohibited Content:

• Create content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of privacy
• Generate content that infringes intellectual property rights or violates third-party rights
• Create misleading, false, or deceptive marketing content
• Produce content that promotes violence, discrimination, or hate speech
• Generate content involving minors in inappropriate contexts

Prohibited Activities:

• Use the Service to spam, phish, or distribute malware
• Attempt to gain unauthorized access to the Service or other users' accounts
• Interfere with or disrupt the Service or servers
• Reverse engineer, decompile, or disassemble any portion of the Service
• Use automated systems (bots, scrapers) without our express written permission
• Resell, sublicense, or redistribute the Service without authorization
• Violate any applicable laws, regulations, or third-party rights

Platform-Specific Restrictions:

• Comply with all social media platform terms of service when posting content
• Not use the Service to violate platform-specific content policies
• Not engage in artificial engagement or manipulation tactics

We reserve the right to investigate violations and take appropriate action, including suspension or termination of your account.

6. AI-Generated Content

Content Generation

The Service uses artificial intelligence to generate marketing content, including text, images, voiceovers, and videos. You acknowledge and agree that:

• AI-generated content may not always meet your expectations or requirements
• Content quality varies based on the tier selected and input provided
• We do not guarantee that generated content will achieve specific results
• AI models may occasionally produce unexpected or inaccurate outputs

Content Review and Responsibility

You are solely responsible for:

• Reviewing all AI-generated content before publishing
• Ensuring content complies with applicable laws and regulations
• Verifying accuracy and appropriateness of generated content
• Obtaining necessary rights, licenses, or permissions for your use
• Compliance with social media platform policies

We are not responsible for the content you generate, publish, or the results you achieve using the Service.

7. Intellectual Property Rights

Our Intellectual Property

The Service, including all software, designs, text, graphics, logos, and other content (excluding user-generated content), is owned by Rascon and protected by copyright, trademark, and other intellectual property laws. You may not:

• Copy, modify, distribute, or create derivative works without permission
• Remove or alter any copyright, trademark, or proprietary notices
• Use our trademarks or branding without written authorization

User Content License

By using the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to:

• Use, reproduce, modify, and display your input content to provide the Service
• Store and process your content for AI training and service improvement (anonymized and aggregated)
• Generate derivative works based on your inputs as part of the Service

You retain ownership of any original content you provide. For AI-generated content, ownership rights depend on applicable laws regarding AI-generated works. We make no claims of ownership over content you generate using the Service.

Third-Party Content

The Service may integrate with or reference third-party services, platforms, and content. We do not claim ownership of third-party content and are not responsible for its accuracy, legality, or appropriateness.

8. Payment and Subscription Terms

Pricing

Pricing for the Service will be made available when subscriptions launch. Current waitlist members will be notified of pricing and subscription options.

Subscription Billing

When subscriptions become available:

• You agree to pay all fees associated with your subscription tier
• Fees are billed on a recurring basis (monthly or as otherwise specified)
• Payment is due in advance for each billing cycle
• All fees are non-refundable except as required by law or stated in our refund policy

Payment Methods

We use third-party payment processors to handle transactions. You authorize us to charge your designated payment method for all fees. You are responsible for maintaining valid payment information.

Price Changes

We reserve the right to change pricing with at least 30 days' notice. Continued use of the Service after price changes constitutes acceptance of the new pricing.

Free Trials and Promotions

We may offer free trials or promotional pricing. These offers are subject to specific terms and conditions communicated at the time of the offer.

9. Third-Party Services and Integrations

Social Media Platforms

The Service integrates with social media platforms (TikTok, Instagram, Twitter, LinkedIn, Facebook, YouTube, etc.). You acknowledge that:

• You must comply with each platform's terms of service
• Platform availability and features may change without notice
• We are not responsible for platform outages, changes, or restrictions
• You must authorize our access to post content on your behalf

AI Service Providers

We use third-party AI services to generate content. These providers have their own terms and policies, and we are not responsible for their actions or any changes to their services.

Data and Analytics

Third-party analytics and tracking services may collect data about your use of the Service. Please review our Privacy Policy for more information.

10. Limitation of Liability

To the maximum extent permitted by law:

No Warranties:

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, OR NON-INFRINGEMENT.

We Do Not Guarantee:

• Uninterrupted, secure, or error-free operation
• Accuracy, reliability, or quality of content generated
• Specific marketing results or conversion rates
• Compatibility with all devices or platforms
• Availability of third-party integrations

Limitation of Damages:

IN NO EVENT SHALL RASCON BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Maximum Liability:

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100 IF YOU HAVE NOT MADE ANY PAYMENTS.

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so the above limitations may not apply to you.

11. Indemnification

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

• Your use of the Service
• Content you generate, publish, or distribute
• Your violation of these Terms
• Your violation of any laws, regulations, or third-party rights
• Your negligence or willful misconduct

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

12. Termination

By You

You may terminate your account at any time by contacting us at info@theitalfactory.com. Termination does not relieve you of any payment obligations for services already provided.

By Us

We may suspend or terminate your access to the Service immediately, without notice, for:

• Violation of these Terms
• Fraudulent or illegal activity
• Non-payment of fees
• Behavior that harms or could harm the Service or other users
• Any other reason at our discretion

Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• We may delete your account and content (subject to legal retention requirements)
• You remain liable for all fees accrued before termination
• Provisions that by their nature should survive will remain in effect

13. Dispute Resolution

Informal Resolution

Before filing any formal legal action, you agree to contact us at info@theitalfactory.com to attempt to resolve any dispute informally. We will attempt to resolve the dispute through good-faith negotiation.

Arbitration Agreement

If informal resolution fails, you agree that any dispute arising from these Terms or your use of the Service will be resolved through binding arbitration, except that either party may bring a claim in small claims court if it qualifies.

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's rules. The arbitration will take place in Rochester, New York, and judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver:

You agree to bring claims only in your individual capacity and not as part of any class or representative action. There will be no right or authority for any dispute to be brought, heard, or arbitrated as a class action.

Exceptions

The following disputes are not subject to arbitration:

• Claims of intellectual property infringement
• Claims seeking injunctive relief
• Claims that cannot be arbitrated under applicable law

14. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of New York, 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 Rochester, New York.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website
• Updating the "Last Updated" date
• Sending email notification (for significant changes)

Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the changes, you must discontinue use of the Service.

16. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Rascon regarding the Service and supersede all prior agreements.

Severability

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

Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign or transfer these Terms without restriction.

No Agency

No agency, partnership, joint venture, or employment relationship is created between you and Rascon by these Terms.

Force Majeure

We are not liable for any failure or delay in performing our obligations due to causes beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or technical failures.

Export Compliance

You agree to comply with all applicable export and import laws and regulations when using the Service.

17. Contact Information

If you have questions, concerns, or feedback regarding these Terms, please contact us:

General Inquiries: info@theitalfactory.com
Legal Matters: info@theitalfactory.com
Website: https://rascon.ai

18. Specific Service Terms

Waitlist

By joining our waitlist:

• You provide consent to receive email notifications about our launch
• Your email will not be shared with third parties for marketing purposes
• You may unsubscribe at any time
• Waitlist membership does not guarantee access or specific pricing

Beta Testing

If you participate in beta testing:

• The Service may contain bugs, errors, or incomplete features
• We may change or discontinue features without notice
• Your feedback may be used to improve the Service
• Additional terms may apply to beta participants

Content Generation Limits

We reserve the right to impose reasonable limits on content generation to:

• Prevent abuse of the Service
• Manage system resources
• Comply with third-party provider limitations
• Ensure fair usage among all users

Limits will be communicated through your account dashboard or via email.

Attribution Tracking

When using our attribution tracking features:

• Tracking links are for your use and analysis only
• You may not use tracking to collect personal data without consent
• You must comply with applicable privacy laws (GDPR, CCPA, etc.)
• We provide tracking data "as is" without guarantees of accuracy

By using Rascon, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.

Thank you for choosing Rascon. We're excited to help you transform your marketing efforts.