Effective Date: January 4, 2026

These Terms of Service ("Terms") govern your access to and use of the WOW! Factor AI website, services, applications, and content collectively referred to as the "Services." By accessing or using our Services, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, you must not use our Services.

1. Acceptance of Terms

By accessing or using our Services, you confirm that you are at least 18 years old or have reached the legal age of majority in your jurisdiction. If you are using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and represent that you have the legal authority to bind that organization to these Terms.

2. Modification of Terms

WOW! Factor AI reserves the right, at its discretion, to update, revise, or modify these Terms at any time. Unless otherwise stated, changes become effective when the revised Terms are posted on our website.

It is your responsibility to review these Terms periodically. Your continued use of the Services following the posting of revised Terms constitutes your acceptance of those changes.

3. Services Provided

WOW! Factor AI provides digital marketing, branding, creative development, website design, search engine optimization, content development, social media marketing, artificial intelligence consulting, automation, video production, strategy, and related professional services.

The specific scope, deliverables, fees, payment terms, schedules, responsibilities, and other requirements for professional services may be outlined in a separate proposal, agreement, order form, contract, or statement of work.

If a separate written agreement conflicts with these Terms, the separate written agreement will control with respect to the applicable professional services.

4. User Responsibilities

You agree to:

  • Provide accurate, current, and complete information when using the Services.
  • Maintain the confidentiality of any account credentials, passwords, access links, or security information associated with your use of the Services.
  • Use the Services only for lawful purposes and in accordance with these Terms.
  • Provide timely feedback, approvals, materials, information, access, and decisions reasonably required for WOW! Factor AI to provide contracted services.
  • Ensure that you have the necessary rights, permissions, licenses, and authorizations for any content, data, trademarks, images, videos, documents, or other materials you provide to us.
  • Not engage in any activity that disrupts, interferes with, damages, or impairs the Services or the networks through which the Services are provided.
  • Not use the Services to send unsolicited or unauthorized advertising, promotional materials, bulk communications, or spam.
  • Not reverse-engineer, decompile, disassemble, copy, scrape, reproduce, or otherwise attempt to derive the source code, structure, data, or underlying components of any part of our Services, except where such restrictions are prohibited by applicable law.

5. Prohibited Activities

Users of our Services are prohibited from:

  • Engaging in any activity that violates an applicable law, regulation, court order, contractual obligation, or third-party right.
  • Misrepresenting your identity, qualifications, authority, affiliation, or relationship with any person, organization, or entity.
  • Using our Services in any manner that could damage, disable, overburden, interfere with, or impair our website, servers, systems, networks, or security.
  • Attempting to gain unauthorized access to any portion of the Services, accounts, databases, systems, networks, or related infrastructure.
  • Uploading or transmitting malicious code, viruses, ransomware, spyware, harmful files, automated scripts, or other destructive technologies.
  • Using the Services to infringe or misappropriate the intellectual property, privacy, publicity, confidentiality, contractual, or proprietary rights of another person or entity.
  • Using automated tools, bots, crawlers, scraping technologies, or data extraction methods without our prior written authorization.
  • Using the Services to create, distribute, promote, or facilitate unlawful, fraudulent, deceptive, defamatory, abusive, threatening, discriminatory, or harmful content.

6. Intellectual Property

All content, features, functionality, branding, design elements, text, graphics, logos, icons, images, videos, software, code, processes, strategies, templates, methodologies, reports, frameworks, and other materials provided through the Services are owned by WOW! Factor AI, its affiliates, its licensors, or their respective owners and are protected by copyright, trademark, trade secret, patent, and other intellectual property laws.

You may not copy, reproduce, modify, publish, distribute, transmit, sell, license, display, create derivative works from, or commercially exploit any protected materials without prior written authorization from WOW! Factor AI or the applicable rights holder.

Except where otherwise stated in a separate written agreement, WOW! Factor AI retains ownership of its pre-existing materials, tools, processes, templates, systems, methods, concepts, know-how, intellectual property, artificial intelligence workflows, and reusable creative or technical components.

Any ownership or license rights relating to client deliverables will be governed by the applicable proposal, contract, statement of work, or other written agreement.

7. Client Content and Submitted Materials

You retain ownership of the original content and materials you provide to WOW! Factor AI. By submitting materials to us, you grant WOW! Factor AI a limited, non-exclusive, worldwide, royalty-free license to access, reproduce, modify, adapt, process, store, display, and use those materials as reasonably necessary to provide the Services.

You represent and warrant that you own or have secured all rights, licenses, permissions, releases, and authorizations necessary for us to use the materials you provide.

You are responsible for reviewing and approving final content, claims, facts, legal disclosures, trademarks, images, advertising materials, and deliverables before publication or distribution.

8. Artificial Intelligence and Automated Technologies

WOW! Factor AI may use artificial intelligence, machine learning, automation, generative AI, language models, image generation, video generation, analytics tools, and other technologies to support research, strategy, content development, creative production, reporting, personalization, optimization, and workflow management.

Artificial intelligence outputs may contain errors, inaccuracies, similarities to existing materials, incomplete information, or unexpected results. AI-generated or AI-assisted content should be reviewed, verified, edited, and approved before publication, commercial use, or reliance.

WOW! Factor AI does not guarantee that AI-generated materials will be unique, error-free, eligible for intellectual property protection, or free from potential third-party claims.

Clients remain responsible for final approval, factual verification, legal review, regulatory compliance, and determining whether AI-assisted materials are appropriate for their intended use.

9. Privacy Policy

WOW! Factor AI respects your privacy and is committed to protecting personal information. Our Privacy Policy explains how we collect, use, disclose, retain, and safeguard personal information.

By using the Services, you acknowledge that you have reviewed our Privacy Policy. Where consent is required by applicable law, consent will be requested separately.

10. Third-Party Services and Links

Our Services may contain links to, integrations with, or content provided by third-party websites, applications, software platforms, payment processors, analytics providers, social media services, scheduling services, hosting providers, artificial intelligence providers, and other third parties.

WOW! Factor AI does not own or control these third-party services and is not responsible for their availability, content, security, privacy practices, accuracy, performance, terms, policies, or business practices.

Your use of third-party services is governed by the applicable third party's own terms, policies, agreements, and privacy notices. You access and use third-party services at your own risk.

11. Fees, Payments, and Billing

Fees, deposits, billing schedules, payment deadlines, recurring charges, cancellation provisions, and refund terms for professional services will be described in the applicable proposal, agreement, invoice, order form, subscription terms, or statement of work.

Unless otherwise agreed in writing, payments are due according to the dates and terms stated on the applicable invoice or agreement.

You authorize WOW! Factor AI and its authorized payment processors to charge the payment method you provide for applicable fees, taxes, approved expenses, recurring services, and other authorized charges.

You are responsible for providing accurate billing and payment information and for promptly updating that information when it changes.

Late or unpaid amounts may result in the suspension of Services, delayed delivery, withheld files or access, collection activity, termination of the applicable engagement, and any additional remedies permitted by law or contract.

Except where otherwise required by law or agreed in writing, fees and payments are non-refundable once work has begun, resources have been allocated, advertising has been purchased, third-party costs have been incurred, or deliverables have been provided.

12. Project Schedules and Client Delays

Project schedules and completion dates are estimates unless expressly guaranteed in a signed written agreement.

Timelines may be extended when delays result from late payments, incomplete information, delayed approvals, unavailable client personnel, scope changes, third-party systems, technical issues, force majeure events, or circumstances outside our reasonable control.

WOW! Factor AI is not responsible for missed deadlines or business losses caused by delays attributable to the client, third parties, platform outages, technology providers, or circumstances outside our reasonable control.

13. Marketing and Performance Results

Marketing, advertising, branding, search engine optimization, social media, content, artificial intelligence, website, conversion, and consulting services involve variables outside the control of WOW! Factor AI.

We do not guarantee specific rankings, traffic levels, leads, sales, revenue, conversion rates, audience growth, engagement, media coverage, advertising performance, platform approval, or other business outcomes unless expressly stated in a signed written agreement.

Past results, case studies, projections, forecasts, estimates, examples, and testimonials do not guarantee future performance.

Search engines, social networks, advertising platforms, artificial intelligence systems, software providers, and other third parties may change their algorithms, policies, features, pricing, terms, or availability at any time.

14. Termination and Suspension

WOW! Factor AI may suspend, restrict, or terminate your access to all or part of the Services when we reasonably believe that:

  • You have violated these Terms or another applicable agreement.
  • You have failed to pay amounts when due.
  • Your use creates a legal, regulatory, reputational, operational, financial, or security risk.
  • Your conduct is harmful to WOW! Factor AI, another user, a third party, or the Services.
  • Suspension or termination is required by law, court order, governmental request, platform policy, or third-party provider.

Upon termination, you must cease all unauthorized use of the Services. Provisions that by their nature should survive termination will remain effective, including provisions concerning intellectual property, payments, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law.

15. Disclaimers

To the fullest extent permitted by applicable law, the Services are provided "as is" and "as available" without warranties, representations, guarantees, or conditions of any kind, whether express, implied, statutory, or otherwise.

WOW! Factor AI disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, security, reliability, and quiet enjoyment.

We do not warrant that:

  • The Services will meet your specific needs, requirements, objectives, or expectations.
  • The Services will be uninterrupted, timely, available, secure, complete, or error-free.
  • Information, recommendations, content, artificial intelligence outputs, analytics, forecasts, or results will be accurate, complete, reliable, current, or suitable for a particular purpose.
  • Defects, errors, omissions, technical issues, or security vulnerabilities will be corrected.
  • The Services will be free from viruses, harmful components, unauthorized access, data loss, or third-party interference.

Information provided through the Services is for general business and marketing purposes and is not legal, financial, tax, medical, accounting, investment, or regulatory advice.

16. Limitation of Liability

To the fullest extent permitted by applicable law, WOW! Factor AI and its affiliates, officers, directors, employees, contractors, agents, licensors, vendors, and service providers will not be liable for any indirect, incidental, special, exemplary, consequential, or punitive damages.

This limitation includes damages for loss of profits, revenue, business opportunities, customers, contracts, goodwill, reputation, anticipated savings, data, content, use, or other intangible losses arising out of or relating to:

  • Your use of or inability to use the Services.
  • Delays, interruptions, errors, omissions, platform changes, account restrictions, or service outages.
  • Unauthorized access to or use of systems, servers, accounts, content, or personal information.
  • Errors, inaccuracies, omissions, or reliance on website content, recommendations, analytics, artificial intelligence outputs, reports, forecasts, or deliverables.
  • Viruses, malicious code, harmful components, cyberattacks, security incidents, or data loss.
  • Actions, omissions, products, services, terms, policies, or technologies of third parties.
  • Marketing, advertising, search engine, social media, website, sales, revenue, or business performance.

To the fullest extent permitted by law, the total aggregate liability of WOW! Factor AI arising out of or relating to the Services or these Terms will not exceed the amount you paid directly to WOW! Factor AI for the specific Services giving rise to the claim during the six months immediately preceding the event giving rise to liability.

Some jurisdictions do not permit certain exclusions or limitations of liability. In those jurisdictions, our liability will be limited to the maximum extent permitted by applicable law.

17. Indemnification

You agree to defend, indemnify, and hold harmless WOW! Factor AI and its affiliates, officers, directors, employees, contractors, agents, licensors, vendors, and service providers from and against claims, demands, damages, judgments, liabilities, losses, costs, debts, penalties, settlements, and expenses, including reasonable attorney fees, arising out of or relating to:

  • Your access to or use of the Services.
  • Your violation of these Terms or another applicable agreement.
  • Your violation of an applicable law, regulation, contractual obligation, or third-party right.
  • Content, materials, information, instructions, trademarks, data, images, videos, documents, or other items you provide to WOW! Factor AI.
  • Claims that your content, instructions, products, services, business activities, or use of the Services caused damage to another person or entity.

WOW! Factor AI reserves the right to assume the exclusive defense and control of any matter subject to indemnification. You agree to cooperate with the defense of any applicable claim.

18. Governing Law

These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Colorado, without regard to conflict-of-law principles.

Subject to the arbitration provisions below, any legal action or proceeding arising out of or relating to these Terms or the Services must be brought in a state or federal court located in Colorado, and each party consents to the personal jurisdiction and venue of those courts.

19. Arbitration and Dispute Resolution

Before initiating formal proceedings, you agree to contact WOW! Factor AI and make a good-faith attempt to resolve the dispute informally.

Except for claims eligible for small claims court, requests for temporary or injunctive relief, intellectual property claims, or matters that cannot lawfully be arbitrated, disputes arising out of or relating to these Terms or the Services will be resolved through binding individual arbitration administered by the American Arbitration Association under its applicable rules.

Arbitration will take place in Colorado unless the parties agree to another location or remote proceeding. The arbitrator may award relief available under applicable law, and the award may be entered as a judgment in a court of competent jurisdiction.

To the fullest extent permitted by law, disputes must be brought on an individual basis and not as a plaintiff or class member in a class, consolidated, coordinated, collective, or representative proceeding.

Nothing in this section prevents either party from seeking appropriate injunctive or equitable relief to protect intellectual property, confidential information, security, systems, or legal rights.

20. Force Majeure

WOW! Factor AI will not be liable for delays, interruptions, failures, or inability to perform caused by events beyond our reasonable control.

Such events may include natural disasters, severe weather, wildfire, flood, earthquake, public health emergencies, war, terrorism, civil unrest, labor disputes, government action, power failure, internet outage, cyberattack, platform outage, supply interruption, transportation disruption, vendor failure, or failure of third-party technologies.

21. Electronic Communications

By using the Services, submitting forms, scheduling meetings, creating an account, or communicating with us electronically, you consent to receive communications from WOW! Factor AI electronically.

Electronic communications may include agreements, notices, disclosures, invoices, project communications, transaction confirmations, service updates, and other records.

You agree that electronic communications satisfy legal requirements that communications be provided in writing, except where applicable law requires another form of notice.

22. Copyright Complaints

WOW! Factor AI respects intellectual property rights. If you believe content available through our Services infringes your copyright, please contact us and provide sufficient information to identify the copyrighted work, the allegedly infringing material, your contact information, a good-faith statement, and confirmation that the information in your notice is accurate.

We may remove or restrict access to content that we reasonably believe infringes intellectual property rights.

23. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by law or modified to reflect the original intent as closely as possible.

The remaining provisions will continue in full force and effect.

24. Waiver

The failure of WOW! Factor AI to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

A waiver is effective only when it is expressly stated in writing by an authorized representative of WOW! Factor AI.

25. Assignment

You may not assign, transfer, delegate, or sublicense your rights or obligations under these Terms without prior written consent from WOW! Factor AI.

WOW! Factor AI may assign or transfer its rights and obligations in connection with a merger, acquisition, restructuring, financing, sale of assets, change of control, or transfer of business operations.

26. Entire Agreement

These Terms, together with our Privacy Policy and any applicable proposal, agreement, statement of work, order form, invoice, subscription terms, or other written agreement, constitute the entire agreement between you and WOW! Factor AI concerning the applicable Services.

These documents supersede prior or contemporaneous understandings, representations, discussions, communications, and agreements concerning the same subject matter.

27. Contact Information

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

Please include "Terms of Service" in your message and provide enough information for us to understand and respond to your inquiry.