Effective Date: November 15, 2025
Last Updated: November 15, 2025
Version: 1.7
Welcome to SumGeniusAI LLC ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website https://sumgenius.ai (the "Site") and any related products, software, content, tools, features, or services we provide (collectively, the "Services").
By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy, which includes our cookie policy and consent requirements. If you do not agree to these Terms, do not use our Services.
1. Eligibility
You must be at least 18 years old and capable of entering into a binding legal agreement to use our Services. By using our Site, you represent and warrant that you meet these requirements.
2. Use of Services
Our Services include AI-powered business solutions and the VibeCheck AI Chrome Extension for tone analysis. You agree to use the Services only for lawful purposes and in accordance with these Terms. You must not:
- Violate any applicable laws or regulations
- Interfere with or disrupt the Site's operation or networks
- Attempt unauthorized access to our systems or data
- Use our services to develop or enhance competing products
- Attempt to circumvent usage limits on VibeCheck AI (10 daily checks for free users)
- Reverse engineer the VibeCheck AI Chrome Extension or any proprietary algorithms
We reserve the right to suspend or terminate your access to the Services for violations.
3. Account Registration
Certain features may require account registration. You agree to:
- Provide accurate and complete information
- Keep your login credentials secure
- Notify us immediately of unauthorized account use
You are responsible for all activities that occur under your account.
4. Payments and Subscriptions
If you purchase a subscription or service:
- You agree to pay all applicable fees
- Fees are billed via Stripe or another secure provider
- All payments are non-refundable unless otherwise stated
- VibeCheck AI Pro subscription is $9.99/month for unlimited tone checks
- Free tier users of VibeCheck AI are limited to 10 tone checks per day
- Subscriptions auto-renew unless canceled before the renewal date
You may cancel subscriptions in accordance with our cancellation policy.
5. Intellectual Property
All content on the Site, including but not limited to text, software, code, logos, and graphics, is the property of SumGeniusAI LLC or its licensors and is protected by copyright, trademark, and other laws.
You may not:
- Copy, modify, distribute, or reverse engineer our content or software
- Use our branding without prior written permission
6. User-Generated Content
If you submit ideas, feedback, or other content, you grant us a worldwide, royalty-free, perpetual license to use, modify, and distribute it without restriction.
You are solely responsible for any content you provide and must not infringe any third-party rights.
7. Third-Party Services
Our Services may link to third-party platforms or tools (e.g., Twilio, ElevenLabs, OpenAI). We are not responsible for their content, terms, or privacy practices. Use of third-party services is at your own risk.
8. Disclaimers
The Services are provided "as is" and "as available." We make no warranties, express or implied, including but not limited to:
- Merchantability or fitness for a particular purpose
- Accuracy or reliability of outputs or AI-generated content
- Continuity or uptime of our services
You use our Services at your own discretion and risk.
9. Limitation of Liability
To the fullest extent permitted by law, SumGeniusAI LLC is not liable for any indirect, incidental, special, or consequential damages, including loss of profits, data, or business opportunities, even if we were advised of the possibility.
Our total liability for any claim shall not exceed the amount paid by you to us in the six (6) months preceding the claim.
10. Indemnification
You agree to indemnify and hold harmless SumGeniusAI LLC, its officers, directors, employees, and affiliates from any claims, damages, losses, liabilities, and expenses arising out of:
- Your use of the Services
- Your violation of these Terms
- Your violation of any third-party rights
11. Termination
We may terminate or suspend your access to the Services at any time, with or without notice, for conduct that violates these Terms or is otherwise harmful.
12. Changes to Terms
We may update these Terms from time to time. If we make material changes, we will notify you through the Site or email. Your continued use of the Services after changes constitutes acceptance of the updated Terms.
13. Governing Law
These Terms are governed by the laws of the State of Nevada, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Clark County, Nevada.
14. Service Purchases and Delivery
When you purchase services through our platform:
a. Service Packages:
- All service packages are clearly defined with specific features and deliverables
- Setup fees and monthly subscriptions are outlined at the time of purchase
- Services begin upon payment confirmation unless otherwise specified
b. Service Delivery:
- Setup times vary by service and will be communicated after purchase
- Custom solutions may require additional setup time based on complexity
- You will receive email confirmation with delivery timelines after purchase
- Access credentials and onboarding information will be sent to your registered email
c. Service Level:
- We strive for 99.9% uptime for all hosted services
- Support response times vary by service tier (typically 24-48 hours)
- AI-generated outputs may vary and require human review
- Performance depends on accurate data input and API availability
d. Modifications and Customization:
- Minor customizations included in your package will be implemented at no extra charge
- Major customizations or scope changes may incur additional fees
- All modifications must be requested through official support channels
e. Usage Limits:
- Each service package includes specific usage limits (API calls, phone minutes, etc.)
- Exceeding limits may result in overage charges or service throttling
- You will be notified before reaching 80% of your limits
f. Client Responsibilities:
You agree to:
- Provide accurate business information for service configuration
- Grant necessary access to integrate with your existing systems
- Review and approve any content or scripts before deployment
- Use services in compliance with all applicable laws and regulations
- Not resell or sublicense services without written permission
g. Service Guarantees:
- Services are provided as described with no additional guarantees
- We commit to delivering the features and functionality outlined in your package
- Results depend on proper implementation and usage
15. AI Voice Agent & SMS Services
Voice Services Terms
When using AI voice agents powered by SumGeniusAI:
- Calls may be recorded for quality assurance and service delivery
- You consent to recording by continuing the call after notification
- Information provided during calls is used to fulfill your service requests
- Voice data is processed using AI technology for real-time conversation
SMS Messaging Terms
By providing verbal consent during AI agent calls to receive text messages:
- You agree to receive automated SMS messages at the number you provide
- Standard message and data rates may apply per your carrier plan
- Message frequency varies based on your service interactions
- You can opt-out at any time by texting STOP to any message
- Text HELP for assistance with the messaging service
Consent Requirements
- SMS messages are only sent after you provide explicit verbal consent
- Consent is specific to the service you're inquiring about
- Your consent cannot be transferred to other organizations
- Consent records are maintained for compliance purposes
Message Types
After consenting, you may receive:
- Appointment confirmations and reminders
- Service information and updates
- Follow-up communications related to your inquiry
- Time-sensitive notifications
Privacy & Data Protection
- Your phone number is never sold to third parties
- Mobile information is not shared for marketing purposes
- All consent interactions are logged and auditable
- You maintain the right to access and delete your data
Compliance
Our SMS services comply with:
- Telephone Consumer Protection Act (TCPA)
- A2P 10DLC messaging standards
- Carrier requirements and CTIA guidelines
- State and federal privacy regulations
16. Meta Messenger Platform Integration Services
Service Overview
SumGeniusAI provides Meta Messenger integration services enabling businesses to communicate with their customers through Facebook Messenger and Instagram Direct Messages using AI-powered automation.
Data Roles and Responsibilities
When you use our Meta Messenger services:
- You (Business Client) are the Data Controller: You determine the purposes and means of processing end user data
- SumGeniusAI is the Data Processor: We process conversation data on your behalf to deliver the service
- End Users are Data Subjects: Individuals who message your business through Meta platforms
You acknowledge that as Data Controller, you are responsible for obtaining necessary consents from end users and ensuring compliance with applicable data protection laws.
Service Delivery Terms
Our Meta Messenger service includes:
- AI-powered conversation responses using OpenAI technology
- Conversation context and memory across multiple interactions
- Appointment booking and scheduling capabilities
- Conversation analytics and reporting
- Team inbox and conversation management tools
Data Processing for Service Delivery (Covered by TOS)
By using Meta Messenger services, you authorize us to:
- Store and process messages, profile information, and conversation metadata
- Send conversation data to OpenAI for AI response generation
- Maintain conversation context to provide continuity across interactions
- Generate analytics and performance metrics
- Store appointment bookings and scheduling data
Legal Basis: Performance of contract - these processing activities are necessary to deliver the service you've purchased.
AI Training & Model Improvement (Optional - Separate Consent Required)
IMPORTANT: AI training is completely optional and separate from service delivery.
- You may opt in or opt out of AI training data usage at any time via your portal settings
- AI training consent is NOT bundled with these Terms of Service
- If you grant consent, anonymized conversation data may be used to improve AI response quality
- Personal information is removed before any data is used for training purposes
- Withdrawing consent does NOT affect your service delivery in any way
- You can withdraw consent at any time without penalty or service disruption
Consent Management: Access your portal's Meta Messenger settings to view and update your AI training consent preference.
Third-Party Data Processing
We use OpenAI as our AI service provider:
- Message data is transmitted to OpenAI's API for generating AI responses
- OpenAI processes data under their Business Terms and does not use API data for training their models unless explicitly opted in
- Data transmission is encrypted using industry-standard TLS/SSL protocols
- We maintain a Data Processing Agreement with OpenAI for GDPR compliance
Data Retention & Deletion
Retention Policy:
- Active Conversations: Retained while conversation remains active to maintain service quality
- Resolved Conversations: Automatically deleted 90 days after last activity
- Manual Deletion: You can delete conversations immediately through your portal
- Service Termination: All conversation data is deleted within 30 days of service cancellation
Your Deletion Rights:
- Delete individual or bulk conversations at any time through the portal
- Export conversation data as CSV before deletion
- Request complete account data deletion by contacting privacy@sumgenius.ai
- Deletion is permanent and includes messages, appointments, and conversation context
Meta Platform Policy Compliance
You agree to comply with:
- Facebook Platform Terms and Developer Policies
- Instagram Platform Policy
- Meta Messenger Platform Policy
- Community Standards for all platforms
Violations of Meta's policies may result in service suspension or termination. We are required to report serious policy violations to Meta.
Service Level Agreement
- Message delivery within 5 seconds under normal conditions
- 99.5% uptime for Meta Messenger integration services
- Support response within 24-48 hours for technical issues
- Scheduled maintenance with 48-hour advance notice
Client Obligations
You agree to:
- Maintain valid Meta Business account and necessary permissions
- Provide accurate business information and AI training instructions
- Monitor conversations and intervene when AI responses are insufficient
- Respond to end user data requests (access, deletion, correction)
- Not use the service for spam, harassment, or illegal activities
- Comply with all applicable data protection laws (GDPR, CCPA, etc.)
Limitation of Liability for Meta Services
- We are not liable for Meta platform outages or API limitations
- AI-generated responses may contain errors and require human oversight
- You are responsible for ensuring AI responses meet your quality standards
- We are not liable for business decisions made based on AI recommendations
- Maximum liability for Meta Messenger services is limited to 6 months of subscription fees
Service Termination
We may suspend or terminate Meta Messenger services if:
- You violate Meta Platform Policies
- Payment is 30+ days overdue
- You use the service for illegal or harmful purposes
- Meta revokes our platform access (force majeure)
You will receive 14 days notice before termination unless immediate action is required by law or Meta policy.
GDPR & Privacy Compliance
We maintain compliance with:
- GDPR Articles 5 (data minimization), 6 (lawful basis), 13/14 (transparency), 17 (right to erasure), 25 (data protection by design)
- Data Processing Agreement available upon request
- EU-U.S. Data Privacy Framework for data transfers
- Regular security audits and vulnerability assessments
Updates and Changes
We may update Meta Messenger services to:
- Comply with Meta platform changes and API updates
- Improve AI response quality and features
- Enhance security and compliance measures
You will be notified of material changes via email or portal notifications.
17. Contact Us