Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "Agency," or "you") and Earnestly AI ("we," "us," or "our"), operated by Jiří Komárek.

By accessing or using our platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use our services.

2. Description of Services

2.1 Platform Overview

Earnestly AI provides an AI-powered influencer management platform that includes:

• AI Communication Agent: Automated initial response and lead qualification
• Lead Management: Dashboard for tracking and managing brand inquiries
• Human Agent Integration: Seamless handoff to human agents for complex negotiations
• Deal Tracking: Monitoring and analytics for influencer partnerships

2.2 Service Process

Our service operates through the following process:

1. Brands contact your influencers through provided email addresses
2. Our AI agent provides initial responses and gathers deal information
3. Qualified leads are transferred to your human agents via our dashboard
4. Human agents complete negotiations and finalize deals
5. Deal completion triggers our success fee

3. Fees and Payment Terms

3.1 Success-Based Fee Structure

3.2 Deal Tracking and Reporting

Preferred Method: To ensure accurate fee calculation, we strongly recommend keeping Earnestly AI (Earnestly email address connected with your agency) in CC on all email communications related to deals initiated through our platform.

Alternative Method: If CC is not possible, you must report completed deals through your dashboard within 7 days of deal completion.

3.3 Payment Terms

• Payment Method: All fees are processed through Stripe
• Invoice Terms: Payment is due within 14 days of invoice date
• Currency: All fees are charged in USD
• Late Payment: Overdue accounts may be subject to service suspension

3.4 Deal Cancellations

3.5 No Refunds

Since fees are collected only after successful deal completion, we do not provide refunds. All fees are final once a deal has been completed and payment has been confirmed.

4. Your Responsibilities

4.1 Account Management

• Maintain accurate and up-to-date influencer information
• Monitor the dashboard regularly for new leads and opportunities
• Respond to human-escalated leads in a timely manner
• Report completed deals accurately and promptly

4.2 Communication Standards

• Ensure influencer email addresses used with our service are active and monitored
• Maintain professional communication standards in all brand interactions
• Keep Earnestly AI informed of significant changes to influencer availability or rates

4.3 Payment Obligations

You agree to:

• Pay all applicable fees within the specified timeframes
• Provide accurate deal information for fee calculation
• Maintain valid payment methods for fee collection
• Notify us immediately of any billing disputes

5. Service Disclaimers and Limitations

5.1 AI Agent Limitations

5.2 No Service Guarantees

We do not guarantee:

• Response times for AI or human agents
• Service availability or uptime
• Number of leads or deal opportunities
• Success rate of negotiations or conversions
• Compatibility with all email systems

5.3 Human Agent Oversight

While our AI handles initial communications, your designated human agents maintain full control over:

• Final negotiation decisions
• Deal acceptance or rejection
• Pricing and contract terms
• Brand partnership approval

5.4 No Legal Advice

Earnestly AI does not provide legal, financial, or business advice. We are not responsible for contract disputes, payment issues, or legal matters between agencies, influencers, and brands.

6. Data Usage and Rights

6.1 Content Ownership

You retain ownership of all influencer profiles, communication content, and business information provided to our platform. We do not claim rights to your content or intellectual property.

6.2 Service Improvement

To enhance our AI capabilities and service quality, communication data processed through our platform may be used for:

• Training and improving our AI models
• Analyzing communication patterns and effectiveness
• Developing new features and capabilities

All data used for improvement purposes is anonymized and aggregated to protect individual privacy.

6.3 Data Export and Deletion

You have the right to:

• Export your data in a standard format upon request
• Request account deletion through your dashboard
• Data retention: Account data can be deleted upon request; however, records of negotiations where Earnestly AI participated are retained for business and legal purposes

6.4 Privacy

Our data handling practices are detailed in our Privacy Policy, which forms part of this agreement.

7. Prohibited Uses

7.1 Illegal Activities

You may not use our platform for:

• Any illegal activities or promotion of illegal content
• Fraudulent or deceptive business practices
• Harassment, spam, or unsolicited communications
• Violation of intellectual property rights
• Money laundering or other financial crimes

7.2 Platform Abuse

Prohibited platform uses include:

• Attempting to reverse engineer or hack our systems
• Sharing account credentials with unauthorized parties
• Submitting false or misleading information
• Circumventing our fee structure or payment systems
• Using the platform to compete directly with Earnestly AI

7.3 Consequences

Violation of these terms may result in:

• Immediate account suspension or termination
• Forfeiture of any pending payments or refunds
• Legal action to recover damages
• Reporting to relevant authorities if illegal activity is suspected

8. Account Termination

8.1 Termination Process

Either party may terminate this agreement:

• By Client: Through the account termination option in your dashboard
• By Earnestly AI: With or without notice for terms violations
• Effective Date: Termination takes effect immediately upon notice

8.2 Effect of Termination

Upon account termination:

• Service Access: Your access to the platform will be immediately suspended
• Ongoing Deals: Deals initiated while using Earnestly AI continue without our involvement
• Fee Obligations: You remain responsible for success fees on deals initiated during your active service period
• Data: Account data may be deleted upon request, but deal records are retained

8.3 Survival of Terms

The following provisions survive termination:

• Payment obligations for completed deals
• Data usage rights for service improvement
• Liability limitations and disclaimers
• Dispute resolution procedures

9. Dispute Resolution

9.1 Payment Disputes

For fee disputes:

• Contact us within 30 days of invoice date
• Provide detailed explanation and supporting documentation
• We will review and respond within 14 business days
• Unresolved disputes may proceed to arbitration

9.2 Collection Rights

9.3 Arbitration

Disputes that cannot be resolved through direct negotiation shall be resolved through binding arbitration under Czech Republic law, conducted in English or Czech as appropriate.

10. Legal Terms

10.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Czech Republic. Any legal proceedings shall be conducted in Czech courts with appropriate jurisdiction.

10.2 Limitation of Liability

To the maximum extent permitted by law, Earnestly AI's liability is limited to the amount of fees paid by you in the 12 months preceding the claim. We are not liable for:

• Lost profits, business opportunities, or revenue
• Indirect, incidental, or consequential damages
• Service interruptions or data loss
• Third-party actions or communications

10.3 Indemnification

You agree to indemnify and hold Earnestly AI harmless from claims arising from:

• Your use of our services
• Your violation of these Terms
• Your business relationships with influencers or brands
• Content you provide or communications you send

10.4 Modification of Terms

We may modify these Terms at any time by:

• Posting updated Terms on our website
• Sending email notification to active accounts
• Continued use constitutes acceptance of modified Terms

10.5 Severability

If any provision of these Terms is found unenforceable, the remaining provisions continue in full force and effect.

10.6 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Earnestly AI regarding our services.

11. Contact Information

For questions about these Terms of Service, please contact us: