Terms of Service

These Terms of Service ("Terms") govern your access to and use of Parker AI ("Parker" or the "Service"), provided by Real Simple Labs, Inc. ("Real Simple Labs," "we," "our," or "us"). By using Parker, you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use Parker. By using the Service, you represent and warrant that you meet these requirements. If you are using Parker on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Service

Parker is an AI-powered software platform that provides tools, insights, and automation to help businesses and individuals create, manage, and optimize marketing, advertising, and related business activities.

The Service may include, without limitation: analyzing and processing data from user-provided and public sources, generating or recommending creative concepts, content, and strategies, offering analytics, reporting, and optimization features, and providing integrations with third-party platforms and services including advertising platforms, social media networks, and analytics tools.

We reserve the right to add, modify, or remove features at any time. We will provide reasonable notice of material changes that substantially affect your use of the Service. Your continued use of Parker after such changes constitutes acceptance of the modified Terms.

3. Account Registration and Security

To use Parker, you must create an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account, whether authorized by you or not.

You must immediately notify us of any suspected unauthorized access to your account or any other security breach. You may be liable for losses incurred by us or others due to unauthorized use of your account.

We reserve the right to suspend or terminate accounts that provide false information or violate these Terms.

4. Third-Party Platform Connections and Permissions

Parker requires you to connect third-party accounts, including but not limited to advertising platforms (such as Google Ads, Facebook Ads Manager, LinkedIn Campaign Manager), analytics services, and other marketing tools ("Connected Accounts"). By connecting these accounts, you grant Parker permission to access, retrieve, and process data from these platforms on your behalf.

You represent and warrant that you have all necessary rights, permissions, and authority to grant Parker access to your Connected Accounts. You are responsible for ensuring that your connection and use of Parker complies with the terms of service of all third-party platforms.

You acknowledge that data accessed through Connected Accounts may include sensitive business information, financial data, customer information, and proprietary marketing strategies. You may revoke Parker's access to Connected Accounts at any time through your account settings, though this may limit or disable certain Service features.

5. Data Confidentiality and Non-Disclosure

5.1 Confidential Information

"Confidential Information" means all data, information, and materials provided by you to Parker or accessed by Parker through your Connected Accounts, including but not limited to: advertising account data, campaign performance metrics, customer lists, targeting parameters, bidding strategies, budget information, creative assets, business strategies, financial information, and any other non-public business information.

5.2 Our Confidentiality Obligations

We agree to treat all Confidential Information as strictly confidential and agree to:

We will use Confidential Information solely for the purpose of providing and improving the Service to you. We will not disclose Confidential Information to any third party except as necessary to provide the Service, with your explicit consent, or as required by law. We will implement and maintain reasonable administrative, physical, and technical safeguards designed to protect Confidential Information from unauthorized access, use, or disclosure. We will limit access to Confidential Information to employees, contractors, and agents who have a legitimate need to access such information to perform their duties and who are bound by confidentiality obligations at least as protective as those contained in these Terms. We will not use Confidential Information for our own benefit, to develop competing products, or for any purpose other than providing the Service.

5.3 Exceptions

Our confidentiality obligations do not apply to information that: is or becomes publicly available through no breach of these Terms by us, was rightfully in our possession prior to disclosure by you, is independently developed by us without reference to your Confidential Information, or is required to be disclosed by law or valid legal process, provided that we give you prompt notice of such requirement and cooperate with your efforts to seek protective treatment.

5.4 Data Aggregation and Analytics

We may use Confidential Information in aggregated, anonymized form that cannot reasonably be used to identify you or your business. Such aggregated data may be used to improve the Service, develop new features, conduct research, and generate industry insights. We retain ownership of all aggregated, anonymized data derived from your use of the Service.

5.5 Survival

Our confidentiality obligations will survive termination of these Terms for a period of five years, except for trade secrets, which will be protected for as long as they remain trade secrets under applicable law.

6. Data Security and Privacy

6.1 Security Measures

We implement industry-standard security measures to protect your data, including encryption of data in transit and at rest, regular security audits and vulnerability assessments, access controls and authentication mechanisms, intrusion detection and prevention systems, and employee security training and background checks.

However, no method of transmission or electronic storage is completely secure, and we cannot guarantee absolute security.

6.2 Data Breach Notification

In the event of a security breach that compromises your Confidential Information, we will notify you without unreasonable delay and no later than 72 hours after becoming aware of the breach. We will provide you with information about the nature of the breach, the data affected, and the steps we are taking to address the breach and prevent future incidents.

6.3 Privacy Policy

Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using Parker, you consent to the practices described in our Privacy Policy.

6.4 Data Processing Agreement

If you are subject to data protection regulations such as GDPR or CCPA, we will execute a separate Data Processing Agreement ("DPA") upon request. The DPA will outline our respective responsibilities as data controllers and processors.

7. Data Retention and Deletion

7.1 Retention

We retain your data for as long as your account is active or as necessary to provide the Service. We may retain certain data for longer periods as required by law, for legitimate business purposes, or to resolve disputes.

7.2 Deletion

Upon termination of your account, you may request deletion of your Confidential Information. We will delete or anonymize your data within 90 days of such request, except for data we are required to retain by law or data stored in backup systems, which will be deleted according to our standard backup retention schedule (not to exceed 180 days).

Aggregated, anonymized data derived from your use of the Service will not be deleted and may be retained indefinitely.

8. Acceptable Use

You agree not to: use Parker for unlawful, fraudulent, infringing, or harmful purposes, upload or generate content that violates any third-party rights including intellectual property, privacy, or publicity rights, attempt to reverse engineer, decompile, disassemble, or otherwise derive source code from Parker's software, models, or systems, interfere with, disrupt, or impose an unreasonable burden on the Service or its infrastructure, use automated systems to access the Service in a manner that sends more requests than a human could reasonably produce, use the Service to transmit malware, viruses, or other malicious code, impersonate any person or entity or misrepresent your affiliation with any person or entity, harvest or collect information about other users without their consent, or violate any applicable laws or regulations, including advertising standards, consumer protection laws, and data protection regulations.

9. User Content and Intellectual Property

9.1 Your Content

You retain all ownership rights to content you upload to Parker ("Your Content"). By using the Service, you grant Real Simple Labs a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display Your Content solely for the purpose of providing, maintaining, and improving the Service.

This license terminates when you delete Your Content or terminate your account, except for content that has been shared with others or incorporated into aggregated, anonymized data.

9.2 Our Intellectual Property

Parker, including all software, algorithms, models, user interfaces, and related technology, is owned by Real Simple Labs and protected by copyright, trademark, patent, and other intellectual property laws. These Terms do not grant you any ownership rights in Parker. You receive only a limited, non-exclusive, non-transferable, revocable license to use Parker in accordance with these Terms.

9.3 Feedback

If you provide suggestions, feedback, or ideas about Parker, we may use such feedback without obligation to you, and you hereby assign all rights in such feedback to Real Simple Labs.

10. AI-Generated Content

Content generated by Parker is based on AI models trained on diverse data sources and your inputs. AI-generated content may contain factual inaccuracies, creative interpretations, biases inherent in training data, or content that requires human review and editing.

You are solely responsible for reviewing, verifying, editing, and using AI-generated content. You must ensure that your use of AI-generated content complies with all applicable laws, regulations, advertising standards, and third-party terms of service.

We make no representations or warranties regarding the accuracy, reliability, completeness, or appropriateness of AI-generated content. We disclaim all liability for any consequences arising from your use of AI-generated content.

11. Third-Party Services and Integrations

Parker integrates with various third-party platforms and services. Your use of these services is governed by their respective terms of service and privacy policies. We are not responsible for the practices, content, or functionality of third-party services.

Third-party integrations may be added, modified, or removed at any time. We do not guarantee the continued availability of any particular integration.

12. Fees, Payment, and Refunds

12.1 Subscription Fees

If you purchase a paid subscription, you agree to pay all applicable fees as described in your selected plan. All fees are in U.S. dollars unless otherwise specified.

12.2 Billing

Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan. You authorize us to charge your designated payment method for all fees. If automatic billing fails, we will notify you, and you must provide updated payment information.

12.3 Price Changes

We may change our pricing upon 30 days' notice to you. Price changes will take effect at the start of your next billing cycle. If you do not agree to a price change, you may cancel your subscription.

12.4 Refunds

All payments are non-refundable except as required by law or as expressly stated in a separate agreement. We do not provide refunds or credits for partial months or years of service, or for features you did not use.

12.5 Taxes

Fees do not include applicable taxes. You are responsible for all sales, use, value-added, and other taxes associated with your purchase, except for taxes based on our net income.

13. Disclaimers and Limitations of Warranties

PARKER IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT: THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THE RESULTS OBTAINED FROM USING THE SERVICE WILL BE ACCURATE, RELIABLE, OR MEET YOUR REQUIREMENTS, ANY ERRORS IN THE SERVICE WILL BE CORRECTED, OR THE SERVICE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SERVICE.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL REAL SIMPLE LABS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF PARKER, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF PARKER WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

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

15. Indemnification

You agree to indemnify, defend, and hold harmless Real Simple Labs, its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: your use of Parker or violation of these Terms, Your Content or any content you submit, post, or transmit through the Service, your violation of any third-party rights, including intellectual property, privacy, or publicity rights, your violation of any applicable laws or regulations, or any negligent or wrongful conduct by you.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will cooperate with us in asserting any available defenses.

16. Termination

16.1 Termination by You

You may terminate your account at any time by following the account closure process in your account settings or by contacting us. Upon termination, your access to the Service will cease, but certain provisions of these Terms will survive.

16.2 Termination by Us

We may suspend or terminate your access to Parker immediately, without notice, if you violate these Terms, engage in fraudulent or illegal activity, fail to pay applicable fees, pose a security risk to the Service or other users, or for any other reason at our discretion.

16.3 Effect of Termination

Upon termination: your right to use the Service will immediately cease, we may delete your account and all associated data in accordance with our data retention policies, you remain obligated to pay any outstanding fees, and you must immediately cease using any Parker intellectual property or AI-generated content, except for content you have a valid license to continue using.

Provisions related to confidentiality, intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution will survive termination.

17. Dispute Resolution

17.1 Informal Resolution

Before filing a claim, you agree to contact us and attempt to resolve the dispute informally by sending written notice to our address below. We will attempt to resolve the dispute informally by contacting you. If a dispute is not resolved within 60 days, either party may initiate formal proceedings.

17.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of Parker will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration will be conducted by a single arbitrator, and the arbitrator's decision will be final and binding.

The arbitration will take place in San Francisco, California, unless both parties agree to another location. Each party will bear its own costs of arbitration, except that we will pay the arbitration filing fee if your claim is for less than $10,000.

YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

17.3 Exceptions

Either party may bring a claim in small claims court if it qualifies. Either party may seek equitable relief in court to protect intellectual property rights.

17.4 Class Action Waiver

You agree that any arbitration or proceeding will be limited to the dispute between you and Real Simple Labs individually. To the fullest extent permitted by law, you waive any right to bring claims on a class, consolidated, or representative basis.

18. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. Any legal action or proceeding not subject to arbitration must be brought exclusively in the state or federal courts located in San Francisco County, California, and you consent to personal jurisdiction in those courts.

19. Export Control

You agree to comply with all applicable export and import control laws and regulations, including those of the United States. You represent that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services.

20. Miscellaneous

20.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Real Simple Labs regarding Parker and supersede all prior agreements and understandings.

20.2 Amendments

We may modify these Terms at any time by posting revised Terms on our website or by notifying you through the Service or via email. Material changes will be effective 30 days after notice is provided. Your continued use of Parker after the effective date constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using Parker.

20.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by us.

20.4 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

20.5 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms at any time without notice or consent, including to an affiliate or in connection with a merger, acquisition, or sale of assets.

20.6 Force Majeure

We will not be liable for any delay or failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or governmental actions.

20.7 Notices

Notices to you may be sent to the email address associated with your account or through the Service. You must send notices to us at the address below. Notices are effective upon receipt.

21. Contact Information

If you have questions about these Terms or need to provide notice, please contact us at:

Real Simple Labs, Inc.

[Address]

[Email]

[Phone]