Terms of Service

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Topicer, Inc. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Topicer, Inc. customer support team.

Cancellation Policy: You may cancel your subscription at any time. Upon cancellation, your subscription will remain active until the end of your current billing period. For example, if you are on a monthly plan and cancel on the 15th day of the month, you will continue to have access to the Service until the end of that month. For annual subscriptions, you will continue to have access until the end of your annual billing period. We do not provide partial month or partial year refunds for cancellations.

No Prorated Refunds: When you cancel your subscription, no prorated refund will be issued for the unused portion of your current billing period. Your subscription benefits will remain accessible until the end of your current billing period, after which your account will be downgraded to a limited access level or terminated, depending on your account settings.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Topicer, Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize Topicer, Inc. to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Topicer, Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. Failure to complete payment may result in immediate suspension or termination of your access to the Service.

Topicer, Inc. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Topicer, Inc. until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Topicer, Inc. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Topicer, Inc., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Topicer, Inc. will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

No Refund Policy: Due to the digital nature of our Service and the immediate access provided to our platform's features and content generation capabilities, all purchases and subscription payments are final and non-refundable. When you purchase a subscription to Topicer, you gain immediate access to our complete suite of digital services, which constitutes full delivery of the purchased services.

By agreeing to these Terms, you acknowledge that:

• You have had the opportunity to review and test our Service through available free trials or demonstrations before making a purchase decision.

• The Service is provided as described, and you have received full access to the features included in your subscription plan upon payment.

• Digital services, once accessed, cannot be returned in the same manner as physical goods.

Limited Exceptions: Notwithstanding the above, Topicer, Inc. may consider refund requests in the following limited circumstances:

• Technical Issues: If you experience severe technical issues that prevent access to core Service features, and our support team is unable to resolve these issues within a reasonable timeframe.

• Billing Errors: If you have been erroneously charged multiple times for the same subscription period or charged at an incorrect rate.

• Legal Requirements: Where refunds are required by applicable law in your jurisdiction.

All refund requests must be submitted within 7 days of the charge date and will be evaluated on a case-by-case basis at the sole discretion of Topicer, Inc. To request consideration for a refund under these limited exceptions, please contact our support team at [email protected] with detailed information about your specific situation.

This refund policy does not affect any statutory rights you may have under applicable consumer protection laws.

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service.

Topicer, Inc. has the right but not the obligation to monitor and edit all Content provided by users.

7.1 Ownership Rights

The Service and its original content (excluding Content provided by users), features, functionality, source code, databases, algorithms, machine learning models, user interface designs, visual interfaces, graphics, compilation of data, and all other elements of the Topicer platform are and will remain the exclusive property of Topicer, Inc. and its licensors. The Service is protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws of the United States and foreign countries.

7.2 License Limitations

Your subscription grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business or personal purposes in accordance with these Terms. This license does not include any right to:

• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service or any of its components;

• Modify, adapt, alter, translate, or create derivative works of the Service;

• Access or attempt to access the Service by any means other than the interface provided by Topicer;

• Circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content;

• Use any robot, spider, crawler, scraper, or other automated means to access the Service for any purpose;

• Introduce any viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful material;

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service;

• Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service.

7.3 Trademark Protection

Our trademarks, service marks, logos, product names, and trade dress may not be used in connection with any product or service without the prior written consent of Topicer, Inc. You may not use Topicer's name, logo, or other proprietary graphic to link to the Service without express written permission. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of Topicer without express written consent.

7.4 Legal Enforcement

Any unauthorized use, reproduction, modification, distribution, transmission, republication, display, or performance of the content or software on the Service is strictly prohibited and constitutes an infringement of our intellectual property rights. Topicer, Inc. reserves the right to pursue all legal remedies for any intellectual property infringement, including but not limited to:

• Seeking monetary damages for infringement;

• Obtaining injunctive relief to prevent ongoing infringement;

• Pursuing criminal charges where applicable under relevant laws;

• Recovering attorney's fees and legal costs associated with enforcing our rights.

Topicer, Inc. actively monitors for unauthorized use of its intellectual property and will take appropriate action to protect its rights to the fullest extent permitted by law.

Our Service may contain links to third-party web sites or services that are not owned or controlled by Topicer, Inc.

Topicer, Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Topicer, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

10.1 General Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOPICER, INC., ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE.

THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH CLAIMS ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TOPICER, INC. HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

10.2 Content Responsibility

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TOPICER, INC. SHALL NOT BE LIABLE FOR ANY CONTENT GENERATED, PRODUCED, OR OBTAINED THROUGH THE SERVICE. YOU ACKNOWLEDGE THAT:

• All content generated through the Service is provided on an "as is" basis without any guarantees as to accuracy, relevance, or suitability for any specific purpose;

• You are solely responsible for reviewing, verifying, editing, and approving any content generated through the Service before publishing or distributing it;

• You assume all risks associated with your use of any content generated, including any reliance on its accuracy, completeness, or usefulness;

• Topicer, Inc. makes no representations or warranties about the quality, accuracy, reliability, suitability, or legality of any content generated through the Service;

• You are responsible for ensuring that any content you publish or distribute complies with all applicable laws and regulations, including but not limited to intellectual property laws, privacy laws, and advertising regulations.

10.3 Third-Party Dependencies

YOU ACKNOWLEDGE THAT THE SERVICE RELIES ON THIRD-PARTY PROVIDERS, APIS, SERVICES, AND TECHNOLOGIES THAT ARE BEYOND TOPICER'S CONTROL. ACCORDINGLY:

• Topicer, Inc. shall not be liable for any failures, interruptions, inaccuracies, or other issues arising from these third-party dependencies;

• The availability, quality, and functionality of the Service may be affected by the performance and availability of these third-party services;

• Topicer, Inc. makes no warranties or representations regarding the continued availability or functionality of any third-party services upon which the Service relies;

• Changes made by third-party providers to their services, terms, or APIs may affect the functionality of the Service, and Topicer, Inc. shall not be liable for any resulting disruptions or limitations.

10.4 Monetary Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF TOPICER, INC. AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS, IF ANY, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICE DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

11.1 General Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

TOPICER, INC., ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT: (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

11.2 Content Generation Disclaimer

TOPICER IS A CUTTING-EDGE AI-POWERED CONTENT GENERATION PLATFORM. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT:

• The content generated through the Service is created using artificial intelligence and machine learning technologies that have inherent limitations;

• Content generated by the Service may contain inaccuracies, inconsistencies, or may not be suitable for your specific needs or intended purposes;

• You have the opportunity and responsibility to review, edit, modify, and approve any content before using it for any purpose;

• Topicer, Inc. makes no representations or warranties regarding the quality, accuracy, originality, uniqueness, or appropriateness of any generated content;

• You assume full responsibility for any consequences resulting from your use of the content generated through the Service, including but not limited to any legal, financial, business, or reputational impacts;

• Content generated through the Service may inadvertently resemble existing content created by third parties, and you are responsible for ensuring that your use of such content does not infringe on any third-party rights.

11.3 Third-Party Service Disclaimer

THE SERVICE MAY INTEGRATE WITH OR RELY UPON THIRD-PARTY SERVICES, APIS, AND TECHNOLOGIES. YOU ACKNOWLEDGE AND AGREE THAT:

• Topicer, Inc. has no control over the availability, reliability, accuracy, or quality of third-party services;

• The functionality of the Service may be impacted by changes, limitations, or discontinuations of third-party services;

• Topicer, Inc. is not responsible for any failures, interruptions, or errors caused by or related to third-party services;

• Your use of any third-party services integrated with the Service may be subject to separate terms and conditions imposed by the third-party providers;

• Topicer, Inc. may modify, replace, or discontinue integrations with any third-party service at any time without notice.

11.4 Evolving Technology Acknowledgement

YOU ACKNOWLEDGE THAT THE SERVICE UTILIZES RAPIDLY EVOLVING TECHNOLOGIES SUCH AS ARTIFICIAL INTELLIGENCE, MACHINE LEARNING, AND NATURAL LANGUAGE PROCESSING. ACCORDINGLY:

• The Service and its capabilities may change significantly over time as these technologies evolve;

• Features, functionalities, and performance characteristics may be modified, enhanced, limited, or removed as the underlying technologies develop;

• The quality, accuracy, and capabilities of the Service may vary throughout your subscription period as we implement technological improvements and updates;

• Topicer, Inc. makes no guarantees regarding the continued availability of specific features or functionalities throughout the term of your subscription.

These Terms shall be governed and construed in accordance with the laws of South Australia, Australia, without regard to its conflict of law provisions. You agree that any legal action or proceeding between you and Topicer shall be brought exclusively in the courts located in Adelaide, South Australia.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

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

By email: [email protected]

By visiting this page on our website: https://support.topicer.com/legal