Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Designed With Pixels LLC, doing business as 0ne Cloud ("Company," "we," "us," or "our"), governing your access to and use of the 0ne Cloud platform, website at 0neos.com, browser extensions, APIs, and all related services (collectively, the "Service").

By creating an account, clicking "I agree," or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference.

If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not agree to these Terms, you may not access or use the Service.

2. Definitions

• "Customer Data" means all data, content, and information that you submit, upload, or transmit to or through the Service, including but not limited to business metrics, CRM records, financial data, community data, and media files.
• "Service Data" means anonymized, aggregated data derived from your use of the Service that does not identify you or any individual, including usage analytics, performance metrics, and system telemetry.
• "Third-Party Services" means external platforms and services integrated with or accessible through the Service, including but not limited to Plaid, GoHighLevel, Skool, Stripe, Clerk, and AI model providers.
• "AI Features" means any functionality of the Service that utilizes artificial intelligence or machine learning models to generate, analyze, or process content, including but not limited to content generation, data analysis, and automated recommendations.
• "Instance" means the dedicated, isolated deployment of the Service provisioned for your use, including its associated database, application hosting, and configuration.
• "Authorized Users" means individuals you authorize to access your Instance under your account.

3. Eligibility

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a binding agreement.

The Service is designed for business use. You represent that you are using the Service in connection with a legitimate business purpose and not for personal, family, or household use.

4. Account Registration & Security

To access the Service, you must create an account and provide accurate, complete, and current information. You agree to update your account information promptly to keep it accurate.

• You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
• You must not share your account credentials with any third party or allow anyone to access your account.
• You must notify us immediately at support@0neos.com if you suspect any unauthorized use of your account.
• We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised.

5. License Grant & Restrictions

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during your subscription term, solely for your internal business purposes.

You may not:

• Sublicense, resell, distribute, or make the Service available to any third party, except to your Authorized Users.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of any proprietary components of the Service, except as expressly permitted for open-source components.
• Use the Service to build a competing product or service, or to benchmark the Service for competitive purposes without our prior written consent.
• Remove, alter, or obscure any proprietary notices, labels, or marks on the Service.
• Access the Service through any automated means (bots, scrapers, crawlers) except through our documented APIs and authorized integrations.
• Use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use.

Where the Service provides you with access to source code for customization of your Instance, your right to modify that code is limited to your own Instance and does not grant you any rights to our underlying intellectual property, proprietary frameworks, or trade secrets.

6. Subscription, Fees & Payment

• Subscription Plans: The Service is offered on a subscription basis. Current pricing, features, and plan details are available on our pricing page.
• Auto-Renewal: Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You authorize us to charge your payment method on file for each renewal.
• Price Changes:We may change subscription pricing with at least 30 days' advance notice. Price changes take effect at the start of your next billing period following the notice.
• Cancellation: You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. No partial refunds are provided for unused portions of a billing period.
• Failed Payments: If a payment fails, we will attempt to process it again. If payment remains unsuccessful after 10 days, we may suspend your access to the Service. Continued non-payment for 30 days may result in termination of your account.
• Taxes: All fees are exclusive of taxes. You are responsible for all applicable taxes, duties, and governmental assessments, except for taxes based on our net income.
• Refunds: Fees are generally non-refundable. If we terminate your account for convenience (not for cause), we will provide a pro-rata refund for the unused portion of your current billing period.

7. Customer Data & Ownership

You retain all right, title, and interest in and to your Customer Data. By using the Service, you grant us a limited, non-exclusive license to host, process, store, and display your Customer Data solely as necessary to provide, maintain, and improve the Service.

You represent and warrant that you have all necessary rights, permissions, and consents to submit Customer Data to the Service, and that your Customer Data does not violate any applicable law or infringe any third-party rights.

We may generate Service Data from your use of the Service. We own all Service Data and may use it for any lawful purpose, including to improve, analyze, and operate the Service, provided that Service Data does not identify you or any individual.

8. AI Features & Disclaimer

The Service includes AI Features powered by third-party artificial intelligence models. By using AI Features, you acknowledge and agree to the following:

• No Guarantee of Accuracy: AI-generated outputs may be inaccurate, incomplete, biased, or inappropriate. You are solely responsible for reviewing, verifying, and validating all AI outputs before relying on or acting upon them.
• Not Professional Advice: AI outputs do not constitute legal, financial, tax, medical, or other professional advice. You should consult qualified professionals before making decisions based on AI-generated content.
• Human Oversight Required: You agree to maintain appropriate human oversight over any decisions made using AI outputs, particularly in areas subject to legal or regulatory requirements.
• Output Ownership: Subject to the underlying intellectual property rights of the AI model providers, you own the outputs generated through your use of AI Features. We retain no ownership claim over your AI-generated outputs, but we also make no representation that such outputs are protectable under intellectual property law.
• Third-Party AI Providers: AI Features may be powered by third-party providers including Anthropic (Claude), Google (Gemini), and others. Your use of AI Features is also subject to the terms and policies of those providers. We are not responsible for the behavior, availability, or output quality of third-party AI models.
• Data Processing: Customer Data processed by AI Features may be transmitted to third-party AI providers for processing. We select AI providers with appropriate data handling practices, but we cannot guarantee how those providers process or retain data beyond our direct control.

9. Third-Party Services & Integrations

The Service integrates with various Third-Party Services. Your use of any Third-Party Service is governed by that service's own terms and policies. We are not responsible for the availability, accuracy, security, or conduct of any Third-Party Service.

Financial Data (Plaid)

• Financial data retrieved via Plaid is provided "as-is" from your financial institutions. We do not verify or guarantee the accuracy or timeliness of this data.
• We are not a consumer reporting agency as defined by the Fair Credit Reporting Act (FCRA). You may not use financial data obtained through the Service for credit decisions, employment screening, insurance underwriting, or any purpose governed by the FCRA.
• Your use of Plaid is governed by the Plaid End User Privacy Policy.

CRM & Community Data (GoHighLevel, Skool)

• You are solely responsible for the lawfulness of CRM and community data processed through the Service. You represent that you have obtained all necessary consents and legal bases for processing contact data, community member data, and communications.
• We process CRM and community data as a data processor on your behalf. You are the data controller and bear responsibility for compliance with applicable data protection laws.
• Platform policy changes by GoHighLevel, Skool, or other integrated platforms may affect Service functionality. We are not responsible for disruptions caused by third-party platform changes.

Browser Extension

Our browser extension operates within your browser to synchronize data between third-party platforms and the Service. The extension accesses third-party platform data using your existing authenticated sessions. You are responsible for ensuring that your use of the extension complies with the terms of service of the platforms you access through it.

10. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights.
• Transmit any malware, viruses, or other harmful code.
• Send unsolicited communications (spam) or engage in any form of harassment or abuse.
• Circumvent, disable, or otherwise interfere with any security-related features of the Service.
• Exceed authorized API rate limits or access the Service through unauthorized automated means.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Use AI Features to generate content that is illegal, fraudulent, defamatory, or that infringes the intellectual property rights of others.
• Use the Service to engage in any activity that could harm minors.
• Attempt to gain unauthorized access to other users' accounts, Instances, or data.

We reserve the right to investigate violations and may suspend or terminate your access without prior notice if we reasonably determine that you have violated this section.

11. Intellectual Property

The Service, including all software, algorithms, models, user interfaces, documentation, designs, trademarks, and other intellectual property, is and remains the exclusive property of the Company. These Terms do not grant you any ownership interest in the Service.

If you provide us with any suggestions, ideas, enhancement requests, feedback, or recommendations regarding the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Service without any obligation to you.

All trademarks, service marks, and trade names used in connection with the Service are our property or the property of their respective owners. You may not use our trademarks without our prior written consent.

12. Copyright Infringement (DMCA)

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), we will respond to valid notices of alleged copyright infringement.

If you believe that your copyrighted work has been infringed through the Service, please submit a notice to our designated agent with the following information:

• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material that is claimed to be infringing and information reasonably sufficient to locate the material.
• Your contact information (name, address, telephone number, email).
• A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law.
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
• Your physical or electronic signature.

Send DMCA notices to: legal@0neos.com

We may terminate the accounts of users who are repeat infringers in appropriate circumstances.

13. Privacy & Data Processing

Our collection and use of personal information is described in our Privacy Policy. By using the Service, you consent to our data practices as described therein.

• Data Location: Customer Data is stored and processed in the United States using infrastructure provided by Vercel and Neon.
• Data Breach Notification: In the event of a data breach affecting your Customer Data, we will notify you within 72 hours of discovery through the email address associated with your account.
• Data Portability: Upon account termination, you will have 30 days to export your Customer Data. After this period, we will delete your Customer Data in accordance with our Privacy Policy.
• Subprocessors: We use third-party subprocessors to deliver the Service, including Vercel (hosting), Neon (database), Clerk (authentication), Stripe (payments), Plaid (financial data), and AI model providers. A current list is available upon request.

14. Confidentiality

Each party agrees to maintain the confidentiality of the other party's confidential information and to use it only as necessary to fulfill obligations under these Terms. Confidential information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is independently developed without use of confidential information; or (d) is rightfully obtained from a third party without restriction.

Confidentiality obligations survive termination of these Terms for a period of five (5) years, except for trade secrets, which are protected indefinitely.

15. Warranties

We warrant that: (a) we have the authority to enter into these Terms; (b) the Service will perform materially in accordance with its documentation; and (c) we will not knowingly introduce malicious code into the Service.

You warrant that: (a) you have the authority to enter into these Terms; (b) you have all necessary rights and consents to submit Customer Data to the Service; (c) your use of the Service will comply with all applicable laws and regulations; and (d) you will not use the Service in violation of any third-party rights.

16. Disclaimer of Warranties

EXCEPT FOR THE EXPRESS WARRANTIES IN SECTION 15, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY DATA OR CONTENT OBTAINED THROUGH THE SERVICE, INCLUDING DATA FROM THIRD-PARTY SERVICES, FINANCIAL INSTITUTIONS, OR AI FEATURES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE ABOVE EXCLUSIONS APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).

The following are excluded from the liability cap above: (a) your payment obligations; (b) either party's indemnification obligations; (c) your violations of the license restrictions or acceptable use provisions; (d) breaches of confidentiality obligations; and (e) either party's willful misconduct or fraud.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

18. Indemnification

You agree to indemnify, defend, and hold harmlessthe Company and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your breach of these Terms; (b) your Customer Data; (c) your violation of any applicable law or third-party rights; (d) claims from your Authorized Users or end users; or (e) your use of Third-Party Services in connection with the Service.

We agree to indemnify youagainst third-party claims alleging that the Service (excluding Customer Data, AI-generated outputs, and Third-Party Services) infringes a third party's intellectual property rights, provided that you promptly notify us, grant us sole control of the defense, and cooperate with our defense efforts.

19. Term & Termination

• Term: These Terms are effective when you first access or use the Service and continue for the duration of your subscription, automatically renewing as described in Section 6.
• Termination by You: You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period.
• Termination by Us for Cause: We may suspend or terminate your access immediately upon written notice if you: (a) materially breach these Terms and fail to cure within 15 days of notice; (b) violate the acceptable use provisions; (c) pose a security threat to the Service or other users; (d) fail to pay fees for more than 30 days; or (e) become subject to bankruptcy or insolvency proceedings.
• Termination by Us for Convenience:We may terminate your account for any reason with 30 days' written notice, in which case we will provide a pro-rata refund for unused fees.
• Effect of Termination: Upon termination, your right to access the Service ceases immediately. You have 30 days from the effective date of termination to export your Customer Data. After that period, we will delete your Customer Data within 30 days unless required by law to retain it.
• Survival: Sections relating to intellectual property, limitation of liability, indemnification, confidentiality, dispute resolution, and any other provisions that by their nature should survive, will survive termination.

20. Dispute Resolution

Governing Law: These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.

Informal Resolution: Before initiating formal proceedings, you agree to first attempt to resolve any dispute informally by contacting us at legal@0neos.com. We will attempt to resolve the dispute within 60 days. If the dispute is not resolved within that period, either party may proceed with formal resolution.

Binding Arbitration:Any dispute not resolved informally shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Miami-Dade County, Florida. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

CLASS ACTION WAIVER: ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING.

Opt-Out: You may opt out of the arbitration and class action waiver provisions by sending written notice to legal@0neos.com within 30 days of first accepting these Terms. If you opt out, disputes will be resolved in the state or federal courts located in Miami-Dade County, Florida.

Exceptions: Either party may seek injunctive or equitable relief in any court of competent jurisdiction for claims related to intellectual property infringement or unauthorized access to the Service. Either party may bring claims in small claims court if the claim qualifies.

21. Force Majeure

Neither party shall be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to: natural disasters, pandemics, acts of government, war, terrorism, cyberattacks, infrastructure failures, third-party service outages, power outages, or Internet disruptions. The affected party must promptly notify the other party and use reasonable efforts to mitigate the impact.

22. Export Compliance

You agree to comply with all applicable export control laws and regulations, including U.S. Export Administration Regulations. You represent that you are not located in, under the control of, or a national or resident of any country subject to U.S. sanctions, and that you are not on any U.S. government restricted party list. You may not use the Service to transfer data to countries or individuals subject to U.S. sanctions or data transfer restrictions.

23. Electronic Communications & Consent

When you provide your email address or phone number — for example on a registration, workshop, or checkout form — and check the consent box, you agree that we may contact you at those details for marketing and service purposes.

• Email: newsletters, workshop details, product updates and offers. Every marketing email includes an unsubscribe link.
• Text messages (SMS/MMS): reminders, links and updates. Message frequency varies. Message and data rates may apply. Reply STOP to opt out at any time, or HELP for help. Carriers are not liable for delayed or undelivered messages.
• Phone calls, including automated and AI-generated calls: you expressly consent to receive calls at the number you provide, including calls placed using an automatic telephone dialing system, an artificial or pre-recorded voice, or an AI-generated voice. Calls may be recorded for quality and training purposes; where a jurisdiction requires it, you will be notified at the start of the call and may decline.

Consent is not a condition of purchase. You may buy or use the Service without agreeing to receive marketing communications, and withdrawing consent will not affect your subscription.

You may withdraw consent at any time by replying STOP to a text, using the unsubscribe link in any email, telling us during a call, or emailing us at the address in the Contact section. We honor withdrawal requests promptly. We may still send you transactional messages about your account, billing, or security, which are not marketing.

You confirm that the phone number you provide is yours and that you are authorized to receive messages and calls at it. If the number changes or is reassigned, you agree to tell us so we can stop contacting the new holder. We keep a record of when and how consent was given, including the wording shown to you at the time.

24. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or through a prominent notice on the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.

If you do not agree to the revised Terms, you must stop using the Service and cancel your subscription before the changes take effect.

25. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements and understandings.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
• Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of substantially all of our assets.
• Notices: We may send you notices by email to the address associated with your account. You may send notices to us at legal@0neos.com. Notices are deemed received when sent by email.
• Independent Contractors: The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
• Third-Party Beneficiaries: These Terms do not confer any rights on any third party.

26. Contact

For questions about these Terms of Service, contact us at:

Designed With Pixels LLC

Email: legal@0neos.com

Website: 0neos.com