Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Superhuman Agent platform and services operated by Mercatus Media LLC ("Company," "we," "our," or "us"). By accessing or using our services, you agree to be bound by these Terms. If you do not agree, do not use our services.

1. Acceptance of Terms

By creating an account, subscribing to a plan, or otherwise accessing our services, you confirm that you are at least 18 years old, have the legal capacity to enter into these Terms, and agree to be bound by them. If you are using our services on behalf of a business entity, you represent that you have authority to bind that entity to these Terms.

2. Description of Services

Superhuman Agent provides an AI-powered growth platform designed for service businesses, including but not limited to lead capture automation, follow-up workflows, appointment booking, and CRM integration. Features vary by subscription plan and may be updated or modified at our discretion.

3. Account Registration

To access certain features, you must register for an account. You agree to:

• Provide accurate, current, and complete registration information
• Maintain the security of your account credentials
• Promptly notify us of any unauthorized access to your account
• Be responsible for all activity that occurs under your account

We reserve the right to suspend or terminate accounts that violate these Terms or that we determine, in our sole discretion, to be fraudulent or harmful.

4. Subscription Plans and Billing

Superhuman Agent offers subscription-based services billed on a monthly or annual basis. By subscribing, you authorize us to charge your payment method on a recurring basis until you cancel.

• Free Trial: Where offered, free trials automatically convert to paid subscriptions at the end of the trial period unless cancelled.
• Cancellation: You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period; no partial refunds are issued.
• Price Changes: We may change subscription prices with 30 days' notice. Continued use after the effective date constitutes acceptance of the new price.
• Refunds: All sales are final unless otherwise required by applicable law. Contact us at [email protected] to discuss billing disputes.

5. Acceptable Use

You agree not to use our services to:

• Violate any applicable law or regulation
• Send unsolicited commercial messages (spam) in violation of the CAN-SPAM Act or TCPA
• Harass, abuse, or harm any person
• Infringe any intellectual property rights
• Transmit malicious code, viruses, or disruptive software
• Attempt to gain unauthorized access to our systems or other users' accounts
• Resell or sublicense our services without prior written consent

6. Intellectual Property

All content, features, and functionality of the Superhuman Agent platform — including text, graphics, logos, software, and AI models — are owned by Mercatus Media LLC and protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the services for your internal business purposes only.

You retain ownership of any data or content you upload to our platform. By uploading content, you grant us a limited license to use it solely to provide and improve our services.

7. Disclaimer of Warranties

Our services are provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that our services will be uninterrupted, error-free, or free of viruses or other harmful components.

8. Limitation of Liability

To the fullest extent permitted by law, Mercatus Media LLC and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including loss of profits, data, or goodwill — arising out of or related to your use of our services, even if we have been advised of the possibility of such damages.

Our total liability to you for any claim arising out of or related to these Terms or our services shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless Mercatus Media LLC and its affiliates from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of our services, your violation of these Terms, or your violation of any rights of a third party.

10. Termination

We may suspend or terminate your access to our services at any time, with or without cause, with or without notice. Upon termination, your right to use our services will immediately cease. Provisions that by their nature should survive termination (including intellectual property, disclaimers, and limitations of liability) will survive.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Georgia, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of our services shall be resolved through binding arbitration in Cobb County, Georgia, under the rules of the American Arbitration Association. You waive any right to a jury trial or to participate in a class action lawsuit.

12. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the "Last updated" date and, where appropriate, by sending an email notification. Your continued use of our services after changes become effective constitutes acceptance of the revised Terms.

13. Contact Us

If you have questions about these Terms, please contact us:

• Email: [email protected]
• Phone: +1 855-966-3420
• Mail: Mercatus Media LLC, 5333 Bells Ferry Road, Acworth, GA 30102