These Terms of Service ("Terms") are a binding agreement between you and SecondPage ("SecondPage," "Company," "we," "us"), governing your access to and use of the SecondPage website, applications, APIs, and related services (collectively, the "Service").
BY CREATING AN ACCOUNT, CLICKING "I AGREE," OR USING THE SERVICE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.
PLEASE READ SECTION 14 CAREFULLY. IT REQUIRES BINDING ARBITRATION OF DISPUTES ON AN INDIVIDUAL BASIS AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS.
1. Eligibility; Authority
You must be at least 18 years old to use the Service. If you use the Service on behalf of a company or other entity, you represent that you have authority to bind that entity, and "you" refers to that entity. The Service is not directed to children, and we do not knowingly permit use by anyone under 18.
2. Account Registration and Security
You must provide accurate, complete registration information and keep it current. You are responsible for all activity under your account and for maintaining the confidentiality of your credentials. Notify us immediately of any unauthorized use. We are not liable for any loss arising from unauthorized use of your account.
3. The Service; Modifications
Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business or personal purposes during your subscription term.
We may modify, suspend, or discontinue any part of the Service at any time, with or without notice. We may impose or change usage limits, features, or plan structures at our discretion.
4. Subscriptions, Billing, and Cancellation
4.1 Fees and Auto-Renewal. The Service is offered on a subscription basis. Your subscription automatically renews at the end of each billing period (monthly or annual, as selected), and your payment method will be charged the then-current rate at each renewal, until you cancel. Fees are stated at checkout and exclusive of taxes, which are your responsibility.
4.2 Cancellation. You may cancel at any time through your account settings or by contacting help@secondpage.cc. Cancellation takes effect at the end of your current billing period; you retain access until then.
4.3 No Refunds. Except where required by applicable law, all fees are non-refundable and non-creditable. This includes partial periods, unused features, downgrades, and accounts terminated for violation of these Terms.
4.4 Price Changes. We may change subscription prices with at least 30 days' notice (by email or in-product). Continued use after the change takes effect constitutes acceptance of the new price.
4.5 Payment Processing. Payments are processed by third-party processors (e.g., Stripe). Your payment information is subject to the processor's terms and privacy policy.
5. Customer Content; License to Company
5.1 Your Ownership. You retain all ownership rights in data, text, files, and other content you upload to, connect to, or submit through the Service ("Customer Content").
5.2 License to Us. You grant Company a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, modify, process, transmit, display, and otherwise use Customer Content: (a) to provide, maintain, secure, and support the Service; (b) to develop, test, and improve the Service, including troubleshooting, debugging, and evaluating Service quality and safety; and (c) to create and use aggregated, de-identified, or anonymized data — data that no longer identifies you, your users, or any individual — for any lawful business purpose, including training and improving our models, algorithms, and systems. Rights under (c) survive termination of these Terms.
5.2.1 No Training on Identifiable Customer Content. We do not use your identifiable Customer Content to train our or any third party's AI models. Model training and improvement is performed only on data that has been aggregated, de-identified, or anonymized under Section 5.2(c), or on data you expressly volunteer for that purpose (for example, through an opt-in program or feedback submission).
5.3 Your Responsibility. You represent and warrant that you own or have all rights necessary to grant the license above, and that Customer Content does not violate law or third-party rights (including privacy and intellectual property rights). You are solely responsible for the accuracy, legality, and appropriateness of Customer Content, and for obtaining any consents required from individuals whose data is included in it.
6. AI Features and Outputs
6.1 Nature of AI. The Service uses artificial intelligence and machine learning, which are probabilistic. Outputs generated by the Service ("Outputs") may be inaccurate, incomplete, outdated, or offensive, and may not be unique to you. Similar or identical Outputs may be generated for other users.
6.2 Your Responsibility for Outputs. You are solely responsible for evaluating Outputs before relying on, publishing, or otherwise using them, including for accuracy, legality, and fitness for your purpose. Outputs are not professional advice (legal, medical, financial, or otherwise) and must not be treated as such.
6.3 Output Rights. As between you and Company, and subject to your compliance with these Terms, we assign to you our rights, if any, in Outputs generated for you. We make no representation that Outputs are protectable by intellectual property law or non-infringing.
6.4 Third-Party Models. Portions of the Service may be powered by third-party AI providers. Your use of those features is also subject to applicable third-party restrictions we communicate to you.
7. Acceptable Use
You will not, and will not permit anyone to: (a) use the Service in violation of law or these Terms; (b) upload Customer Content that is unlawful, infringing, or contains malicious code; (c) reverse engineer, decompile, or attempt to extract source code, models, or model weights; (d) access the Service to build a competing product, or use Outputs to train a competing model; (e) circumvent usage limits, rate limits, or security controls; (f) resell, sublicense, or share account access except as expressly permitted; (g) use the Service to send spam or conduct fraudulent, deceptive, or harassing activity; (h) scrape or harvest data from the Service except via documented APIs; or (i) use the Service in high-risk applications where failure could cause death, injury, or severe damage.
We may investigate violations and may suspend or terminate access immediately, without refund, for any violation of this Section.
8. Intellectual Property; Feedback
The Service, including all software, models, designs, and documentation, is owned by Company and its licensors and protected by intellectual property laws. No rights are granted except as expressly stated in these Terms. If you provide feedback, suggestions, or ideas, you grant Company a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or compensation.
9. Third-Party Services
The Service may interoperate with third-party services you choose to connect. We are not responsible for third-party services, and your use of them is governed by their own terms.
10. Beta Features
We may offer alpha, beta, preview, or early-access features. These are provided "AS IS," may be modified or discontinued at any time, and are excluded from any commitments elsewhere in these Terms.
11. Term; Suspension; Termination
These Terms apply for as long as you use the Service. We may suspend or terminate your access at any time: (a) for breach of these Terms; (b) to prevent harm to the Service, us, or others; (c) where required by law; or (d) for extended non-payment. You may terminate at any time by cancelling and ceasing use. Upon termination, your license ends and we may delete Customer Content after a reasonable period, except as retained under Section 5.2(c) or as required by law. Sections that by their nature should survive (including 5.2(c), 6, 8, 12, 13, 14, and 15) survive termination.
12. Disclaimer of Warranties
THE SERVICE AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT OUTPUTS WILL BE ACCURATE OR RELIABLE OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER COMPANY NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID TO COMPANY FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (ii) ONE HUNDRED U.S. DOLLARS ($100).
These limitations apply regardless of the theory of liability and even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you; in that case, liability is limited to the greatest extent permitted by law.
14. Dispute Resolution; Arbitration; Class Action Waiver
14.1 Informal Resolution First. Before filing a claim, you agree to contact us at help@secondpage.cc and attempt in good faith to resolve the dispute informally for 30 days.
14.2 Binding Arbitration. Any dispute arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable rules. The arbitration will be conducted in King County, Washington, or remotely by videoconference. Judgment on the award may be entered in any court of competent jurisdiction.
14.3 Exceptions. Either party may (a) bring an individual claim in small claims court, or (b) seek injunctive relief in court for infringement or misuse of intellectual property or unauthorized access to the Service.
14.4 Class Action and Jury Waiver. All disputes must be brought on an individual basis. You and Company waive the right to a jury trial and to participate in any class, collective, consolidated, or representative action.
14.5 Opt-Out. You may opt out of this arbitration agreement by emailing help@secondpage.cc within 30 days of first accepting these Terms, stating your name, account email, and intent to opt out.
15. Indemnification
You will defend, indemnify, and hold harmless Company and its officers, members, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Customer Content; (b) your use of the Service or Outputs; (c) your violation of these Terms or applicable law; or (d) your violation of any third-party right.
16. Governing Law; Venue
These Terms are governed by the laws of the State of Washington, without regard to conflict-of-laws principles. For any matter not subject to arbitration, the state and federal courts located in King County, Washington have exclusive jurisdiction, and you consent to personal jurisdiction there.
17. Changes to These Terms
We may update these Terms from time to time. For material changes, we will provide notice by email or in-product at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance. If you do not agree, you must cancel and stop using the Service before the changes take effect.
18. General
These Terms, together with the Privacy Policy and any order or checkout terms, are the entire agreement between you and Company regarding the Service. You may not assign these Terms without our consent; we may assign them freely (including in a merger, acquisition, or asset sale). Failure to enforce a provision is not a waiver. If any provision is unenforceable, it will be modified to the minimum extent necessary, and the remainder stays in effect. Neither party is liable for delay or failure caused by events beyond its reasonable control. Notices to you may be given by email to your account address or in-product.
19. Contact
SecondPage
help@secondpage.cc