Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern access to and use of the SocialHeat social listening, fanpage analytics, sentiment intelligence, and data enrichment platform (the "Platform" or "Service"), operated by GenX LLC ("GenX", "SocialHeat", "we", "us", or "our"), with its principal place of business at 3241 Beach Blvd., Ste 326.

By creating an account, executing an enterprise order form, accessing our APIs, or browsing our website, you ("Customer", "User", or "you") agree to be bound by these Terms and our Privacy Policy. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity.

2. Accounts & Security

To access the SocialHeat dashboard and APIs, you must register for an enterprise account:

• Accurate Information: You agree to provide true, accurate, current, and complete corporate registration information.
• Credential Confidentiality: You are responsible for maintaining the confidentiality of your login credentials and API keys. Any action taken through your account is deemed performed by your authorized personnel.
• Single Sign-On (SSO) & Roles: Enterprise accounts may configure SAML 2.0 / Okta SSO and granular role-based permissions (Admin, Analyst, Viewer).
• Unauthorized Access: You must immediately notify GenX LLC of any suspected security breach or compromised credentials at hi@SocialHeat.net.

3. Subscriptions, Fees & Billing

Access to SocialHeat is provided on a subscription basis:

• Subscription Tiers: Fees are based on selected plan tiers (Agency Starter, Agency Pro, Enterprise Scale) or custom enterprise contracts specifying trackable keyword volume, fanpage quotas, API throughput, and deployment model.
• Invoicing & Payment: Invoices are billed in advance on a monthly or annual cadence. Payments are due within thirty (30) days of the invoice date for enterprise contracts, or processed automatically via credit card for self-service accounts.
• Taxes: All fees are exclusive of applicable federal, state, local, or value-added taxes (VAT), which shall be the responsibility of the Customer.
• Automatic Renewal: Subscriptions automatically renew for successive periods equal to the expiring term unless either party provides written non-renewal notice at least thirty (30) days prior to the end of the active term.

4. License Grant & Acceptable Use

Subject to timely payment and compliance with these Terms, GenX LLC grants Customer a non-exclusive, non-transferable, worldwide license to access and use the SocialHeat Platform during the subscription term.

Prohibited Uses

Customer agrees NOT to:

• Reverse engineer, decompile, disassemble, or derive source code from SocialHeat algorithms or sentiment AI models.
• Circumvent API rate limits, authentication barriers, or security perimeters.
• Resell, sublicense, or rent the software itself as a standalone white-label engine without prior written enterprise authorization.
• Use the Platform in violation of applicable laws, regulations, or third-party social media platform developer terms (Meta, Google, X, TikTok, YouTube).
• Conduct unauthorized automated scraping of private or non-public personal data.

5. Intellectual Property & Customer Data

Customer Data Ownership: Customer retains full ownership of all proprietary data, campaign assets, customer lists, and custom query configurations uploaded to the Platform, as well as generated white-label PDF/PPT report deliverables.

SocialHeat Intellectual Property: GenX LLC retains all right, title, and interest (including patent, copyright, trade secret, and trademark rights) in and to the SocialHeat software, user interfaces, machine learning models, sentiment classification heuristics, and API documentation.

6. Service Level Agreement (SLA) & Uptime

For Cloud SaaS deployments, GenX LLC guarantees a 99.9% Monthly Uptime SLA for core analytics endpoints and data streams, excluding scheduled maintenance windows announced with at least 48 hours prior notice.

For On-Premise enterprise installations, custom SLA response tiers (including 24/7 dedicated support and 1-hour critical response commitments) are governed by the Customer's specific Enterprise Service Order.

7. Confidentiality

Each party ("Receiving Party") agrees to protect the confidential information of the other party ("Disclosing Party") using the same degree of care it uses for its own confidential data (and not less than reasonable care). Confidential information includes non-public technology, pricing terms, security audit reports, and customer business strategies.

8. Warranties & Disclaimers

Except as expressly set forth herein, the Service and all AI-generated sentiment scores and competitive insights are provided on an "AS IS" and "AS AVAILABLE" basis. GenX LLC disclaims all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability and fitness for a particular purpose.

9. Limitation of Liability

To the maximum extent permitted by applicable law:

• Neither party shall be liable for indirect, incidental, special, consequential, or punitive damages, or loss of profits, revenue, or business opportunity.
• GenX LLC's total aggregate liability arising out of or relating to these Terms shall not exceed the total fees paid by Customer to GenX LLC in the twelve (12) months preceding the claim.

10. Term, Suspension & Termination

Either party may terminate these Terms upon thirty (30) days written notice for material breach if such breach remains uncured. GenX LLC may immediately suspend access in the event of non-payment or critical security violations. Upon termination, Customer may request an export of historical account data within thirty (30) days, after which all customer instances are securely purged in accordance with our ISO 27001 data destruction procedures.

11. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California and the United States, without regard to conflict of law principles. Any dispute arising under these Terms shall be resolved through binding confidential arbitration administered by the American Arbitration Association (AAA) in the State of California.

12. Contact GenX LLC

For notices, legal inquiries, or contract amendments, please reach out to our legal department: