Terms of Service

Last updated: June 4, 2025

These GBP Rank AI Terms and Conditions (these “Terms”) govern your use of the software and services (collectively, the “Services”) from WNY Marketing LLC (“GBP Rank AI”, “we” or “us”). BY USING THE SERVICES, YOU AGREE ON BEHALF OF YOU AND YOUR ORGANIZATION (TOGETHER, “YOU” OR “LICENSEE”) TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

1. License; Support

1.1 Scope of Use. Subject to these Terms, including payment of all fees, GBP Rank AI grants Licensee a limited, non-exclusive, non-transferable license to access and use the Services in accordance with the subscription plan selected on the GBP Rank AI website (“Site”). Services are limited to businesses you own, operate, or are authorized to represent. The License Period begins on your subscription start date and ends upon cancellation or written notice of termination.

1.2 Restrictions. You will not: (a) copy the Services or documentation; (b) translate, decompile, or reverse engineer the Services; (c) modify or create derivative works; (d) remove proprietary notices; (e) assign, sublicense, rent, or transfer the Services without written consent; (f) use the Services on behalf of or to provide services to third parties except as an authorized agency partner.

1.3 Updates; Customer Support. GBP Rank AI may provide new features, changes, or updates at its discretion and offers limited technical support via email or in-app tools during the License Period.

1.4 Customer Duties. Licensee is responsible for acquiring and maintaining all services, hardware, and software required to use the Services, and for all usage under its account.

2. Termination

2.1 Cancellation. Subscription Plans automatically renew unless canceled before the end of the current period. Cancel via in-app tools or by emailing support@wny.marketing.

2.2 GBP Rank AI Termination and Suspension Rights. GBP Rank AI may terminate or suspend access at its sole discretion for breach of these Terms, suspected illegal or harmful activity, or violation of any law or regulation. Suspensions may continue until the event is resolved.

2.3 Effect of Termination. Upon termination, all obligations cease except as otherwise provided. Certain sections, including ownership, confidentiality, indemnification, and limitation of liability, survive termination.

3. Payment and Cancellation

3.1 Payment. Licensee shall pay fees monthly in advance per Subscription Plan. Payments are non-refundable except where required by law. Keep payment info up to date.

3.2 Changes to Fees. GBP Rank AI may increase fees with prior notice. Continued use constitutes agreement. If you object, cancel your subscription.

3.3 Taxes. Licensee is responsible for all applicable taxes except GBP Rank AI’s net income taxes.

4. Intellectual Property Rights

4.1 Ownership. GBP Rank AI owns all rights, title, and interest in the Services and all related intellectual property. No rights or title are transferred to Licensee.

4.2 Rights to Feedback. GBP Rank AI may use any suggestions, ideas, or feedback provided by Licensee without obligation.

4.3 Injunctive Relief. GBP Rank AI may seek injunctive relief for any breach or threatened breach of these Terms.

5. Privacy and Data

5.1 Consent to Privacy Policy. By using the Services, you consent to GBP Rank AI’s Privacy Policy.

5.2 Data Rights. GBP Rank AI may use and disclose aggregated or anonymized usage data as permitted by law and for internal purposes.

6. Licensee Representations and Warranties

  • You have all rights and permissions necessary to enter into these Terms and to use the Services on behalf of the businesses you represent.
  • You will not use the Services in violation of any law or regulation.
  • You will comply with all third-party platform terms (including Google’s).
  • You will not introduce viruses or harmful code to the Services.

7. Disclaimer

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS”. GBP Rank AI DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE SERVICE.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GBP Rank AI IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOST PROFITS. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID FOR THE SERVICES IN THE ONE-MONTH PERIOD BEFORE THE INCIDENT.

9. Indemnification

You agree to indemnify and defend GBP Rank AI against any claims arising from your use of the Services or breach of these Terms.

10. Confidentiality

You will maintain the confidentiality of all GBP Rank AI proprietary information and not use or disclose it except as necessary to use the Services.

11. Choice of Law; Arbitration

These Terms are governed by the laws of New York, USA. Disputes will be resolved by binding arbitration in Buffalo, NY, except for claims for injunctive relief. No class actions are permitted.

12. Miscellaneous

  • You may not assign or transfer these Terms without our written consent.
  • GBP Rank AI may use your business name and logo for promotional purposes.
  • Notices to you will be sent to the email you provide; notices to GBP Rank AI may be sent to legal@wny.marketing.
  • We are not responsible for failures due to causes beyond our control (force majeure).
  • These Terms are the complete agreement and supersede all prior communications.
  • No waiver of any term is a waiver of any other term.
  • If any provision is invalid, the remainder will remain in effect.
  • We may modify these Terms at any time by posting changes. Continued use means acceptance. If you object, cancel your subscription.

Contact:
WNY Marketing
Attn: Legal
749 Wurlitzer Dr
N Tonawanda, NY 14120
legal@wny.marketing

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