Terms of Service

Last updated: May 26, 2025

1. Acceptance of Terms

By accessing or using GrowthMaxxing ("the Service"), provided by AgentMaxxing ("we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. These Terms constitute a legally binding agreement between you and AgentMaxxing.

2. Description of Service

GrowthMaxxing is an AI-powered content creation and social media growth platform that provides tools for:

• AI video creation and generation tools
• Slideshow creation
• Video clipping from longform content
• AI face swap and synthetic likeness generation
• Video editing with text, GIF, and meme overlays
• Access to a library of meme clips and overlay assets
• Trend discovery and analysis of viral content across social platforms
• Content creation for TikTok, Instagram, YouTube, X (Twitter), LinkedIn, and Threads
• Brand management and content strategy tools

3. Eligibility and Age Requirement

You must be at least 18 years of age to use this Service. This is a strict requirement due to the nature of content creation tools we provide, including AI face swap and video generation features.

By creating an account or using the Service, you represent and warrant that:

• You are at least 18 years old
• You have the legal capacity to enter into a binding agreement
• You are not prohibited from using the Service under any applicable laws
• If using the Service on behalf of an organization, you have authority to bind that organization to these Terms

We reserve the right to request proof of age and to terminate accounts if we reasonably believe a user is under 18.

4. Account Registration and Security

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

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your login credentials secure and confidential
• Accept full responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized access or security breach
• Not share your account credentials with any third party

You are solely responsible for any actions taken using your account, whether or not authorized by you.

5. Source Content and Trending Videos

5.1 Third-Party Source Material

The Service enables you to discover, analyze, and create derivative works based on trending videos and content from third-party platforms including TikTok, Instagram, YouTube, and others. You acknowledge and agree that:

• Trending videos and source content identified by our Trendfinder and discovery tools are sourced from third-party platforms and creators
• GrowthMaxxing does not own, control, or claim any rights to third-party source content
• GrowthMaxxing makes no representations or warranties regarding the copyright status, ownership, licensing, or legal availability of any source content
• Source content is provided on an "as-is" basis without any warranty of any kind
• You are solely responsible for determining whether your use of any source content constitutes fair use, requires licensing, or infringes upon any third-party rights

5.2 User Responsibility for Source Content

By using source content through our Service, you assume full and complete responsibility for such use. You agree to:

• Conduct your own due diligence regarding the copyright and intellectual property status of any content you use
• Obtain any necessary licenses, permissions, or consents before using or creating derivative works from third-party content
• Comply with all applicable copyright laws, including the Digital Millennium Copyright Act (DMCA)
• Accept that any copyright infringement claims, DMCA takedown notices, legal actions, or intellectual property disputes arising from your use of source content are solely your responsibility

5.3 No Liability for Source Content

GrowthMaxxing bears no responsibility whatsoever for any copyright infringement, intellectual property violation, or other legal issues arising from your selection, use, modification, or distribution of third-party source content.

6. AI Face Swap and Synthetic Likeness

6.1 Face Swap Features

The Service includes AI-powered face swap capabilities that generate synthetic likenesses. By using these features, you acknowledge and agree that:

• Face swap technology creates AI-generated synthetic representations of human faces
• The output may be considered "deepfake" content under certain laws and regulations
• You are solely responsible for ensuring your use of face swap features complies with all applicable laws
• Many jurisdictions have laws regulating synthetic media, deepfakes, and AI-generated likenesses

6.2 Rights and Consent Requirements

You represent and warrant that:

• You have obtained all necessary rights, permissions, licenses, and informed consent from any identifiable individuals whose likeness you use in face swap features
• You will not use face swap features to create content depicting any person without their explicit consent
• You will not use face swap features to create defamatory, harassing, misleading, or fraudulent content
• You will not use face swap features to create non-consensual intimate imagery or any content that violates the dignity or rights of any person
• You will comply with all platform-specific rules regarding synthetic media and AI-generated content

6.3 Pre-Generated Influencer Faces

The Service may provide access to pre-generated AI influencer faces. These synthetic personas are provided for use within the Service, but you remain responsible for ensuring your use of such personas complies with applicable laws and does not mislead consumers or violate advertising regulations.

6.4 No Liability for Face Swap Content

GrowthMaxxing bears no responsibility for any claims, damages, legal actions, or liabilities arising from your use of face swap features, including but not limited to claims of defamation, right of publicity violations, privacy violations, or creation of non-consensual synthetic media.

7. Meme Library and Overlay Assets

7.1 Asset Availability

The Service provides access to a library of meme clips, GIFs, and overlay assets for use in video editing. You acknowledge and agree that:

• Meme library assets are provided on an "as-is" basis
• GrowthMaxxing does not claim ownership of all assets in the meme library
• GrowthMaxxing makes no representations or warranties regarding the copyright status, trademark status, or right of use for any meme library assets
• Some assets may be subject to third-party intellectual property rights

7.2 User Responsibility

By using meme library assets, you assume full responsibility for such use and agree to indemnify GrowthMaxxing against any claims arising from your use of these assets.

8. User-Generated Content

8.1 Content You Upload

You retain ownership of original content you upload to the Service. By uploading content, you grant GrowthMaxxing a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute that content solely for the purpose of providing and improving the Service.

8.2 Content You Create

Content generated using our AI tools based on your inputs is licensed to you for personal and commercial use, subject to:

• Compliance with these Terms
• Compliance with all applicable laws
• Compliance with the terms of service of any platform where you publish the content
• Your sole responsibility for any third-party intellectual property incorporated into the generated content

8.3 Content Restrictions

You agree not to upload, generate, or distribute content that:

• Infringes on any third party's intellectual property, publicity, or privacy rights
• Contains defamatory, obscene, pornographic, or unlawful material
• Depicts minors in any inappropriate context
• Constitutes non-consensual intimate imagery
• Violates any applicable law or regulation
• Contains malware, viruses, or harmful code
• Impersonates another person or entity in a misleading manner
• Constitutes fraud, scam, or deceptive content
• Promotes violence, hatred, or discrimination
• Violates the terms of service of any third-party platform

9. Social Media Platform Compliance

9.1 Third-Party Platform Terms

Our Service integrates with third-party social media platforms including TikTok, Instagram, YouTube, X (Twitter), LinkedIn, and Threads. You are solely and exclusively responsible for:

• Complying with each platform's terms of service, community guidelines, content policies, and advertising rules
• Understanding and following each platform's rules regarding AI-generated content, synthetic media, and automated posting
• Obtaining any necessary permissions, verifications, or approvals required by each platform
• Ensuring your content does not violate platform-specific prohibitions

9.2 Account Actions by Platforms

GrowthMaxxing is not responsible for and has no liability regarding any actions taken by third-party platforms against your accounts, including but not limited to:

• Account suspensions, restrictions, or permanent bans
• Content removals or takedowns
• Shadowbanning or reduced reach
• Demonetization or loss of partnership status
• Any other penalties or adverse actions

9.3 Platform API Changes

Third-party platforms may change their APIs, terms, or policies at any time. We do not guarantee uninterrupted integration with any platform and are not liable for any disruptions caused by platform changes.

9.4 OAuth Authorization and API Access

To enable publishing features, GrowthMaxxing requests authorization to access your social media accounts through OAuth 2.0. By connecting your accounts, you agree that:

• YouTube Integration: When you connect your YouTube account, you authorize GrowthMaxxing to upload videos to your YouTube channel on your behalf using the YouTube Data API. This requires the youtube.upload permission scope.
• TikTok Integration: When you connect your TikTok account, you authorize GrowthMaxxing to publish content to your TikTok account on your behalf.
• Instagram Integration: When you connect your Instagram account, you authorize GrowthMaxxing to publish content to your Instagram account on your behalf.
• Revocation: You may revoke GrowthMaxxing's access to your accounts at any time through your account settings or directly through each platform's security/privacy settings.
• Responsibility: You remain solely responsible for all content published to your accounts, regardless of whether it was uploaded manually or through GrowthMaxxing's automated publishing features.

10. Account Management Services

10.1 Account Creation Assistance

GrowthMaxxing may offer services to help create and set up social media accounts on your behalf. By using these account management services, you expressly authorize GrowthMaxxing to:

• Create social media accounts on platforms including but not limited to TikTok, Instagram, and YouTube on your behalf
• Configure and set up these accounts according to your brand specifications
• Manage initial account settings and profile information
• Connect these accounts to our publishing and automation features

10.2 Account Ownership

You acknowledge and agree that:

• All accounts created through our account management services belong solely to you. GrowthMaxxing does not claim any ownership rights to accounts created on your behalf.
• You are the legal owner of any accounts created, and all associated credentials, access rights, and content belong to you.
• GrowthMaxxing acts solely as your authorized agent for the purpose of account creation and initial setup.
• This agency relationship does not create any employment, partnership, joint venture, or co-ownership arrangement.

10.3 Content Responsibility for Managed Accounts

You are solely and exclusively responsible for:

• All content posted to accounts created or managed through our services, whether posted by you, generated by our AI tools, or published through our automated features
• Ensuring all content complies with applicable laws, regulations, and platform terms of service
• Any claims, damages, or liabilities arising from content posted to your accounts
• Monitoring and managing your accounts after initial setup

10.4 Authorization and Revocation

Your authorization for GrowthMaxxing to manage accounts on your behalf:

• Begins when you request account management services and agree to these Terms
• May be revoked at any time by disconnecting accounts through the Service settings or by contacting us directly
• Does not transfer any ownership or control rights to GrowthMaxxing
• Is subject to the terms and conditions of the respective social media platforms

10.5 No Liability for Managed Accounts

GrowthMaxxing bears no responsibility or liability for:

• Any actions taken by platforms against accounts created or managed through our services
• Content posted to managed accounts, regardless of who initiated the posting
• Account suspensions, bans, or restrictions imposed by third-party platforms
• Any claims by third parties arising from content on your accounts
• Loss of access to accounts or account data

11. Content Download and Publishing

10.1 User-Controlled Publishing

Content created using our Service is downloaded by you and published to your social media accounts at your sole discretion. You acknowledge and agree that:

• You are solely responsible for deciding when and where to publish content
• You remain fully responsible for all content you publish using materials created through our Service
• GrowthMaxxing does not post content on your behalf
• You should review all content before publishing

10.2 User Responsibility for Published Content

You bear sole responsibility for:

• The legality and appropriateness of all content you publish
• Compliance with platform terms and community guidelines
• Any claims arising from content you publish
• Managing your own social media accounts

12. AI-Generated Content Disclaimer

Our Service uses artificial intelligence to generate, modify, and recommend content. You acknowledge and agree that:

• AI-generated content may not meet your expectations in terms of quality, accuracy, or appropriateness
• AI systems may produce unexpected, incorrect, or inappropriate outputs
• We do not guarantee the accuracy, quality, originality, or effectiveness of any AI-generated content
• AI-generated content may inadvertently incorporate copyrighted material or resemble existing works
• You are solely responsible for reviewing, editing, and approving all content before publication
• You should add appropriate disclosures for AI-generated content where required by law or platform guidelines
• AI technology is evolving and may produce different results over time

13. Intellectual Property

14.1 Our Intellectual Property

The Service, including its software, algorithms, AI models, user interface, branding, trademarks, and design, is owned by AgentMaxxing and protected by intellectual property laws. Nothing in these Terms grants you any rights to our intellectual property except the limited, revocable license to use the Service as intended.

14.2 Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by us without any obligation to compensate you.

14. Copyright Infringement and DMCA

14.1 User Responsibility

You are solely responsible for ensuring that your use of the Service does not infringe upon the intellectual property rights of any third party. Any copyright infringement claims, DMCA takedown notices, or intellectual property disputes arising from content you create, modify, or distribute using our Service are exclusively your responsibility.

14.2 DMCA Notice Procedure

If you believe content on our Service infringes your copyright, you may submit a DMCA takedown notice to shane@growthmaxxing.com including:

• Identification of the copyrighted work claimed to be infringed
• Identification of the allegedly infringing material and its location
• Your contact information
• A statement of good faith belief that use is not authorized
• A statement under penalty of perjury that the information is accurate
• Your physical or electronic signature

14.3 Repeat Infringers

We reserve the right to terminate accounts of users who are repeat copyright infringers.

15. Acceptable Use

You agree not to:

• Use the Service for any illegal purpose or in violation of any laws
• Use the Service to create content that infringes intellectual property rights
• Use the Service to spam, engage in inauthentic behavior, or manipulate platform metrics
• Use face swap features without proper consent from depicted individuals
• Create misleading or deceptive content designed to defraud others
• Attempt to reverse-engineer, decompile, or extract the source code of the Service
• Resell, sublicense, or redistribute the Service without written consent
• Exceed rate limits or attempt to bypass usage restrictions
• Use automated means to access the Service except through our provided interfaces
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any part of the Service

16. Payment and Billing

17.1 Subscription Plans

The Service is offered on a subscription basis with different tiers (Starter, Growth, Pro, Enterprise) as detailed on our pricing page. All fees are quoted in USD unless otherwise stated.

17.2 Token/Credit System

Subscriptions include allocated tokens/credits for AI operations. Token consumption varies by feature. You are responsible for monitoring your usage. Additional tokens may be available for purchase.

17.3 Billing Cycle

Subscriptions are billed in advance on a monthly or annual basis. By subscribing, you authorize us to charge your payment method on each billing cycle until you cancel.

16.4 Refunds

All payments are non-refundable except where required by applicable law. Cancellation takes effect at the end of the current billing period, and you will retain access until then.

16.5 Price Changes

We reserve the right to modify pricing at any time. Price changes take effect at the start of your next billing cycle. Continued use of the Service after a price change constitutes acceptance of the new pricing.

17. Termination

17.1 Termination by Us

We reserve the right to suspend or terminate your access to the Service immediately, with or without notice, for any reason, including but not limited to:

• Violation of these Terms
• Suspected copyright infringement or intellectual property violations
• Creation of harmful, illegal, or non-consensual content
• Non-payment of fees
• Extended period of inactivity
• Request by law enforcement or government agencies
• Discontinuation of the Service

17.2 Termination by You

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period.

17.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We may delete your account data after termination. Provisions that by their nature should survive termination shall survive, including intellectual property rights, disclaimers, limitations of liability, and indemnification obligations.

18. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES
• WARRANTIES REGARDING THE LEGALITY OR APPROPRIATENESS OF AI-GENERATED CONTENT
• WARRANTIES REGARDING THE COPYRIGHT STATUS OF ANY SOURCE CONTENT OR MEME LIBRARY ASSETS
• WARRANTIES REGARDING COMPLIANCE WITH THIRD-PARTY PLATFORM TERMS

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

AGENTMAXXING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, OR BUSINESS
• LOSS OF DATA OR CONTENT
• LOSS OF GOODWILL OR REPUTATION
• COST OF SUBSTITUTE SERVICES
• DAMAGES ARISING FROM COPYRIGHT INFRINGEMENT CLAIMS
• DAMAGES ARISING FROM PLATFORM ACCOUNT SUSPENSIONS OR BANS
• DAMAGES ARISING FROM USE OF FACE SWAP OR AI LIKENESS FEATURES
• DAMAGES ARISING FROM THIRD-PARTY CLAIMS RELATED TO YOUR CONTENT

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE LESSER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100).

THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

20. Indemnification

You agree to indemnify, defend, and hold harmless AgentMaxxing and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your violation of any third-party rights, including intellectual property, publicity, or privacy rights
• Content you create, upload, modify, or distribute using the Service
• Your use of source content, trending videos, or meme library assets
• Your use of face swap or AI likeness features
• Claims by any person whose likeness appears in content you create
• Claims by third-party platforms arising from your use of their services through ours
• Any copyright infringement, DMCA, or intellectual property claims related to your content

This indemnification obligation shall survive termination of these Terms and your use of the Service.

21. Dispute Resolution

21.1 Informal Resolution

Before filing any formal legal action, you agree to attempt to resolve any dispute informally by contacting us at shane@growthmaxxing.com. We will attempt to resolve the dispute within 30 days.

21.2 Arbitration Agreement

If informal resolution fails, any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

21.3 Class Action Waiver

You agree that any arbitration or legal proceeding shall be conducted only on an individual basis and not in a class, consolidated, or representative action.

22. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Delaware.

23. Platform Status

26.1 Interactive Computer Service

GrowthMaxxing operates as an interactive computer service that provides tools enabling users to create, edit, and distribute content. We provide the platform and tools; you provide the creative direction, inputs, and decisions about what content to create and publish.

26.2 User-Directed Content

Content created through our Service is generated based on your inputs, selections, and creative choices. You direct the content creation process by:

• Selecting source videos to use as reference or inspiration
• Choosing faces or likenesses to use in face swap features
• Adding text, memes, and overlays
• Deciding what content to publish and where

As the user directing these creative decisions, you bear responsibility for the resulting content.

26.3 No Endorsement

The availability of any content, feature, or tool through our Service does not constitute our endorsement, approval, or recommendation of any particular use. We do not review or approve content before you publish it.

24. Content Moderation

26.1 Good Faith Efforts

We may, but are not obligated to, monitor, review, or moderate content created or shared through our Service. Any content moderation we undertake is performed in good faith to maintain the integrity of our platform and comply with applicable laws.

26.2 No Duty to Monitor

We have no obligation to monitor, review, or screen any content before or after it is created or published. Our decision to moderate some content does not create a duty to moderate all content, nor does it create liability for content we do not moderate or remove.

26.3 Removal Rights

We reserve the right, but not the obligation, to remove or disable access to any content that we determine, in our sole discretion, violates these Terms, applicable law, or the rights of any third party. Such removal does not constitute an admission of liability or wrongdoing.

25. Prohibited Content and Removal Procedures

26.1 Strictly Prohibited Content

The following content is strictly prohibited and may result in immediate account termination:

• Non-consensual intimate imagery (NCII), including AI-generated or "deepfake" intimate content depicting any person without their explicit consent
• Content that sexually exploits or endangers minors in any way
• Content designed to harass, threaten, or intimidate specific individuals
• Content that promotes terrorism or violent extremism

26.2 Reporting and Removal

In compliance with the TAKE IT DOWN Act and similar laws, we have established procedures for reporting and removing prohibited content:

• Reports of non-consensual intimate imagery may be submitted to shane@growthmaxxing.com
• We will review valid reports and remove violating content within 48 hours of receipt
• We will make reasonable efforts to prevent re-upload of removed content
• We may report illegal content to appropriate law enforcement authorities

26.3 User Cooperation

You agree to cooperate with any investigation into reported content and to provide information as reasonably requested to verify the nature of any complaint.

26. General Provisions

26.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and AgentMaxxing regarding the Service.

26.2 Severability

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

26.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

26.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

26.5 Notices

We may provide notices to you via email to the address associated with your account or by posting on the Service.

27. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on this page with a new "Last updated" date and, for significant changes, by email. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Service.

28. Contact

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

AgentMaxxing
Email: shane@growthmaxxing.com
General: shane@growthmaxxing.com