Terms of Service
- Acceptance of Terms
These Terms of Service (“Terms”) are a binding agreement between you (“Customer,” “you,” or “your”) and OrangeBall Creative, Inc. (“OrangeBall.ai,” “we,” “us,” or “our”).
By creating an account, clicking to accept these Terms, or accessing or using OrangeBall.ai (the “Services”), you agree to be bound by these Terms.
If you are using the Services on behalf of a business, agency, or other entity, you represent that you have authority to bind that entity.
You must be at least 18 years old to use the Services.
Your use of the Services is also subject to our Privacy Policy, DMCA Policy, and Data Processing Addendum (if applicable), each of which is incorporated into these Terms by reference and may be updated from time to time.
- Description of Services
OrangeBall.ai is an AI-powered branding, messaging, and marketing content generation platform that enables users to create written marketing and brand-related content.
The Services may rely on third-party providers, including artificial intelligence model providers (such as OpenAI) and infrastructure providers.
The Services may evolve over time, and OrangeBall.ai may modify, update, add, or remove features or functionality from time to time.
- Accounts and Use
You are responsible for maintaining the confidentiality of your account and for all activities under your account.
You may use the Services for your own business purposes or on behalf of clients. You remain fully responsible for all use of the Services, including use for third parties.
You agree to promptly notify OrangeBall.ai if you become aware of any unauthorized access to or use of your account. OrangeBall.ai is not responsible for losses arising from unauthorized account access that results from your failure to safeguard your credentials.
- Customer Input and Responsibility
You retain ownership of your Customer Input, subject to the license granted to OrangeBall.ai in Section 9 of this Agreement.
“Customer Input” means any data, content, materials, prompts, files, or information submitted to the Services.
You are solely responsible for:
- ensuring you have all rights to submit such data;
- all content you provide, including client data; and
- compliance with applicable laws.
You further represent that your Customer Input does not violate any third-party rights and that you have all necessary rights, permissions, and authority to submit and use such content with the Services.
OrangeBall.ai does not review all Customer Input and is not responsible for monitoring content submitted to the Services.
- Prohibited Data
“Sensitive Data” means certain categories of highly sensitive personal or financial information that require heightened protection under applicable laws or industry standards.
You may not submit Sensitive Data, including but not limited to:
- health information (HIPAA);
- financial account or payment data;
- government identification numbers;
- biometric data.
OrangeBall.ai is not responsible for any Sensitive Data submitted in violation of this section and may remove or delete such data from the Services at its discretion. OrangeBall.ai does not monitor or review all Customer Input and is not responsible for identifying or preventing the submission of Sensitive Data.
- AI Output and Ownership
“AI Output” means any content generated by the Services.
You own your AI Output. However:
- AI Output may not be unique and similar or identical content may be generated for other users;
- ai does not guarantee that AI Output is original, accurate, or complete;
- AI Output may not qualify for copyright or other intellectual property protection;
- AI Output may be subject to third-party terms, including open source license obligations; and
- ai does not guarantee that AI Output will not infringe third-party rights.
You are solely responsible for reviewing and approving all AI Output prior to use and for ensuring that your use of AI Output complies with applicable laws and does not infringe the rights of any third party. AI Output may contain errors and should be independently reviewed before use, including by human review.
- No Performance Guarantee
OrangeBall.ai is a tool and does not guarantee marketing results, performance, or business outcomes.
All outputs are provided “as is.” Marketing results depend on many factors outside the control of OrangeBall.ai, including how content is used, market conditions, and other external variables. You assume full responsibility for how outputs are used.
- No Professional Advice
The Services and any AI Output are provided for informational and marketing purposes only and do not constitute legal, financial, accounting, or other professional advice.
You should consult qualified professionals before making decisions based on any AI Output. You are responsible for independently evaluating any AI Output before relying on it. You acknowledge that OrangeBall.ai is not responsible for any decisions or actions taken based on the Services.
- License to Use Customer Data
You grant OrangeBall.ai a worldwide, non-exclusive, royalty-free license to use, process, store, and display Customer Input and AI Output solely to:
- operate, maintain, and provide the Services;
- improve and enhance the Services;
- develop new features and functionality; and
- ensure security, prevent fraud, and comply with applicable law.
OrangeBall.ai will use Customer Input and AI Output for training, analysis, and improvement of the Services only in aggregated and de-identified form. OrangeBall.ai will not use identifiable Customer Input or AI Output to train models or to provide other users with access to your specific data. This license ends when you delete your Customer Input or terminate your account, except to the extent OrangeBall.ai is permitted to retain data under Section 20 or applicable law.
- Marketing and Case Studies
OrangeBall.ai will not publicly use your data for marketing or case studies without your prior written permission. You may grant or revoke this permission at any time through your account settings or by written notice to OrangeBall.ai. OrangeBall.ai will cease any such use within a reasonable time after receiving notice of revocation.
- Derived Insights and Platform Ownership
OrangeBall.ai (and its licensors) retains all rights, title, and interest in and to the Services and all related technology, including all software, prompts, workflows, frameworks, methodologies, models, and underlying systems (collectively, “OrangeBall.ai Materials”).
Except for your Customer Input and AI Output, and your right to use the Services under these Terms, no rights are granted to you in the OrangeBall.ai Materials.
OrangeBall.ai may generate and use aggregated, anonymized, or de-identified data and insights derived from use of the Services (“Derived Insights”) for any lawful business purpose, including to:
- improve system performance and output quality;
- refine prompts, workflows, and messaging frameworks;
- enhance user experience; and
- develop new features and services.
For clarity, OrangeBall.ai does not sell or disclose your identifiable Customer Input or AI Output to other users, and does not use identifiable Customer data to train models.
By using the Services, you assign to OrangeBall.ai all right, title, and interest in Derived Insights, including all intellectual property rights therein. This assignment is worldwide, perpetual, and irrevocable.
- Acceptable Use
You may use the Services only in compliance with these Terms and applicable law. You agree not to:
- violate any applicable law or regulation;
- generate, distribute, or promote false, misleading, or deceptive marketing or advertising;
- impersonate any person or entity or misrepresent affiliation;
- create or distribute content that is fraudulent, defamatory, or otherwise unlawful;
- infringe, misappropriate, or violate any intellectual property or other rights of any third party;
- upload or process Sensitive Data in violation of Section 5;
- reverse engineer, decompile, or attempt to extract the underlying prompts, models, or methodologies of the Services;
- use automated systems, bots, scripts, or scraping tools to access the Services in a way that exceeds normal usage or bypasses rate limits or access controls;
- use the Services to build or assist in building a competing product or service; or
- use the Services in any manner that could harm OrangeBall.ai, its users, or third parties.
OrangeBall.ai may suspend or terminate access in its discretion for any violation of this Section. OrangeBall.ai has no obligation to monitor use of the Services or investigate potential violations, but reserves the right to do so.
- Fees and Billing
The Services are subscription-based.
Fees for the Services are the prices listed on the OrangeBall.ai website. OrangeBall.ai will provide at least 30 days’ notice before increasing fees for an active subscription. Continued use of the Services after the effective date of a price increase constitutes your acceptance of the new pricing. Your subscription will automatically renew at the end of each billing period at the then-current price unless you cancel before the renewal date.
You authorize OrangeBall.ai to charge your designated payment method (such as a credit or debit card) for all applicable subscription fees and any applicable taxes. Payments may be processed through third-party payment processors.
You are responsible for maintaining accurate and up-to-date billing information.
Fees are billed in advance and are generally non-refundable. OrangeBall.ai may issue refunds at its discretion on a case-by-case basis. This no-refund policy applies to the fullest extent permitted by applicable law.
- Cancellation and Termination
You may cancel your subscription at any time. Access to the Services will continue through the end of the current billing period.
OrangeBall.ai may suspend or terminate access to the Services at its discretion if payment cannot be successfully processed or if you violate these Terms.
Upon cancellation or termination of your subscription, your access to the Services will end. See Section 20 for data retention and deletion terms.
- Indemnification
You agree to defend, indemnify, and hold harmless OrangeBall.ai and its affiliates, officers, directors, employees, and agents from and against any and all third-party claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- your use or misuse of the Services;
- your Customer Input;
- your use, publication, or distribution of AI Output;
- your use of the Services on behalf of any third-party or client;
- your violation of these Terms or applicable law; or
- any claim that Customer Input or AI Output infringes, misappropriates, or violates any third-party rights, including claims arising from open-source license obligations.
OrangeBall.ai will provide reasonable notice of any claim for which it seeks indemnification.
OrangeBall.ai reserves the right to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with the defense of such claims.
You must not settle any claim that imposes liability or obligations on OrangeBall.ai without OrangeBall.ai’s prior written consent.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- AI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, EVEN IF ORANGEBALL.AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
- AI WILL NOT BE LIABLE FOR ANY CLAIMS ARISING FROM OR RELATED TO AI OUTPUT, INCLUDING ITS ACCURACY, LEGALITY, OR PERFORMANCE;
- AI WILL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS OF THIRD-PARTY PROVIDERS, INCLUDING AI MODEL OR INFRASTRUCTURE PROVIDERS; AND
- AI’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU TO ORANGEBALL.AI IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY.
- THE LIMITATIONS IN SECTIONS 16(a) THROUGH 16(d) DO NOT APPLY TO: (I) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR (II) ORANGEBALL.AI’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 15.
- Disclaimer of Warranties
The Services are provided “as is” and “as available” without warranties of any kind. To the maximum extent permitted by law, OrangeBall.ai disclaims all warranties, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. OrangeBall.ai does not guarantee that the Services will be uninterrupted, secure, or error-free. WITHOUT LIMITING THE FOREGOING, ORANGEBALL.AI MAKES NO WARRANTY THAT AI OUTPUT WILL BE ACCURATE, COMPLETE, SUITABLE FOR ANY PARTICULAR PURPOSE, ELIGIBLE FOR INTELLECTUAL PROPERTY PROTECTION, OR FREE FROM THIRD-PARTY CLAIMS.
- Governing Law
These Terms are governed by the laws of the State of Minnesota, without regard to its conflict-of-law principles.
- Third-Party Providers
The Services rely on third-party providers, including but not limited to artificial intelligence providers (e.g., OpenAI) and infrastructure providers. Your use of the Services must comply with any applicable terms required by those providers when you use features that rely on their services.
You acknowledge and agree that:
- ai does not control and is not responsible for third-party systems;
- the Services may be impacted by outages, errors, or changes from such providers;
- ai is not liable for any damages arising from third-party services, including data processing, downtime, or output quality; and
- ai makes no representations or warranties regarding the availability, reliability, or performance of such third-party services.
Third-party providers may modify, suspend, or discontinue their services at any time, which may affect the availability or functionality of the Services.
OrangeBall.ai may identify significant third-party providers through the Services or on our website, where users may review current provider information. Such providers may change from time to time.
- Data Retention and Deletion
OrangeBall.ai may retain Customer Input and AI Output for as long as necessary to provide the Services and comply with legal obligations.
We may retain:
- anonymized and aggregated data indefinitely; and
- limited data after account termination for security, fraud prevention, or legal compliance.
Deleted data may persist in backups for a limited period before permanent deletion.
OrangeBall.ai is not responsible for maintaining Customer Input or AI Output after termination of your account, and you are responsible for exporting or saving any data you wish to keep before cancelling your account.
If your account is suspended or terminated for violation of these Terms or for nonpayment, OrangeBall.ai may immediately suspend access to Customer Input and AI Output and may delete such data consistent with its standard data retention practices.
- Beta Features
From time to time, OrangeBall.ai may offer features identified as beta, preview, or experimental.
Such features are provided “as is” without warranties of any kind and may be modified or discontinued at any time. Beta features may be incomplete, may contain errors, and may not function as intended. OrangeBall.ai is not responsible for any loss of data or other issues arising from the use of beta features.
- Export Controls and Sanctions
You may not use the Services if you are located in or are acting on behalf of any person or entity located in a country subject to U.S. sanctions or embargoes, or if you are on any U.S. government restricted party list. You agree to comply with all applicable export control and sanctions laws and regulations in connection with your use of the Services.
- Force Majeure
OrangeBall.ai will not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, or public health emergencies, war, terrorism, civil unrest, labor disputes, failures or disruptions of internet services or third-party providers, or other events beyond OrangeBall.ai’s reasonable control.
During any such event, OrangeBall.ai’s obligations under these Terms will be suspended to the extent affected by the event.
OrangeBall.ai will use reasonable efforts to resume performance as soon as practicable after the force majeure event ends.
- Dispute Resolution; Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY.
Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the relationship between the parties will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its rules. The arbitrator will have exclusive authority to decide any dispute about the interpretation, applicability, or enforceability of this arbitration provision.
Before initiating arbitration, the party asserting a claim must provide written notice to the other party describing the nature of the dispute and the relief sought. The parties will attempt to resolve the dispute informally for 30 days following that notice before either party may commence arbitration. This informal resolution requirement does not apply to claims for emergency injunctive or equitable relief.
This arbitration agreement is governed by the Federal Arbitration Act to the fullest extent permitted by law.
Arbitration will take place in Minnesota, unless otherwise agreed, and will be governed by the laws of the State of Minnesota as provided in Section 18. Arbitration will be conducted under the AAA rules, which govern the allocation of arbitration fees and costs unless the arbitrator determines otherwise.
If a claim qualifies for conciliation court jurisdiction, OrangeBall.ai may elect to bring that claim in conciliation court in Carver County, Minnesota instead of arbitration. Users may not bring claims in conciliation court unless OrangeBall.ai elects that forum. Either party may bring an individual claim in small claims court if the claim qualifies under that court’s jurisdictional limits. Any appeal or further proceeding from either court will be resolved exclusively through arbitration under this Section.
You agree that:
- disputes will be resolved on an individual basis only;
- you waive any right to participate in a class action, class arbitration, or representative proceeding; and
- you waive the right to a jury trial.
If any part of this arbitration provision is found to be unenforceable, the remaining portions will remain in effect.
OrangeBall.ai may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information. For purposes of injunctive or equitable relief under this Section, the parties consent to the exclusive jurisdiction of the state courts of Carver County, Minnesota, and the U.S. District Court for the District of Minnesota.
- General Provisions
Entire Agreement. These Terms constitute the entire agreement between you and OrangeBall.ai regarding the Services and supersede all prior or contemporaneous agreements, communications, or understandings about the Services.
Updates to these Terms. OrangeBall.ai may update these Terms from time to time. If we make material changes, we will provide notice through the Services or by other reasonable means. Your continued use of the Services after updated Terms become effective constitutes your acceptance of the revised Terms.
Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
No Waiver. Failure by OrangeBall.ai to enforce any provision of these Terms will not be considered a waiver of its right to enforce that provision later.
Assignment. You may not assign or transfer these Terms or your rights under them without OrangeBall.ai’s prior written consent. OrangeBall.ai may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.
Survival. Sections relating to intellectual property, indemnification, limitation of liability, dispute resolution, and any other provisions that by their nature should survive termination will survive termination of these Terms.
Notices. Any formal legal notice under these Terms, including indemnification claims or termination notices, must be in writing. Notices to OrangeBall.ai must be sent to: OrangeBall Creative, Inc., 207 N Chestnut St #210, Chaska, MN 55318, Attention: Legal, or by email to contact@orangeballcreative.com. Notices are effective: (a) when delivered by hand; (b) one business day after sending by overnight courier; or (c) on the date sent by email, if sent during normal business hours with confirmation of transmission, provided no bounce or error notification is received by the sender.
Interpretation. The words “include,” “includes,” and “including” in these Terms are not limiting and are followed by “without limitation.” The word “or” is not exclusive. These Terms will be construed without regard to any rule that resolves ambiguity against the drafter.
Feedback. If you send OrangeBall.ai suggestions, feature requests, or other feedback about the Services, OrangeBall.ai may use that feedback freely, without compensation, restriction, or attribution. You assign to OrangeBall.ai all intellectual property rights in any feedback you provide. Feedback is not treated as confidential.
Relationship of Parties. OrangeBall.ai and you are independent contractors. Nothing in these Terms creates any agency, partnership, joint venture, employment, or fiduciary relationship. OrangeBall.ai does not act as your agent or the agent of your clients when generating AI Output.
No Third-Party Beneficiaries. These Terms are for the benefit of OrangeBall.ai and you only. No third party, including your clients or customers, has any rights under these Terms or any right to bring a claim directly against OrangeBall.ai based on these Terms.
- Contact
OrangeBall Creative, Inc.
207 N Chestnut St #210, Chaska, MN 55318
contact@orangeballcreative.com