Terms of Service

1. Acceptance of Terms

By accessing or using the services provided by Warhorse Systems, LLC ("Warhorse," "we," "us," or "our"), including the Warhorse Control System (WCS), ORACLE Command Center, Warhorse Forge, MUSTANG Commerce Intelligence, and related products (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services.

2. Description of Services

Warhorse provides a suite of AI-powered tools for content creators and e-commerce businesses, including:

• Content generation and optimization
• Product intelligence and commerce analytics
• AI video production tools
• Creator persona and voice management
• Email marketing intelligence
• Autonomous build and deployment pipelines

Our Services are provided on a subscription basis with various pricing tiers as published on our website.

3. Account Registration

To use our Services, you must create an account. You agree to:

• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Promptly update your information if it changes
• Accept responsibility for all activity under your account
• Notify us immediately of any unauthorized access

We reserve the right to suspend or terminate accounts that violate these Terms.

4. Subscription and Payment

Our Services are offered under subscription plans as described on our website. Payment is processed through Stripe. All fees are non-refundable except as required by law or as stated in our refund policy. We may change our pricing with 30 days advance notice. Subscriptions automatically renew unless cancelled before the renewal date. Annual subscriptions include a discount equivalent to 2 months free.

5. Acceptable Use

You agree not to use our Services to:

• Violate any applicable law or regulation
• Infringe upon the intellectual property rights of others
• Transmit malicious code or interfere with our systems
• Attempt to gain unauthorized access to our Services or systems
• Harass, abuse, or harm other users
• Engage in any fraudulent or deceptive activity

6. Customer Compliance Obligations

By using our Services, you represent and warrant that:

• You will use the Services, including any business contact data, product intelligence, or commerce analytics, only with a lawful basis under applicable laws including CCPA, GDPR, CAN-SPAM, and any applicable state or national privacy regulations.
• You will not upload, import, or process personal data that was obtained unlawfully or without appropriate consent or legal basis.
• Any commercial email campaigns initiated through or facilitated by our Services will comply with CAN-SPAM requirements, including accurate sender identification, valid physical mailing address, non-deceptive subject lines, clear unsubscribe mechanism, and honoring opt-outs within 10 business days.
• If you send commercial email to recipients in the EU/UK, you will obtain consent as required by GDPR and the ePrivacy Directive (PECR) or rely on a documented lawful basis.
• You will not use AI-generated content from our Services for unlawful impersonation, the creation of deceptive synthetic media intended to mislead, or any purpose that violates applicable truth-in-advertising or consumer protection laws.
• You will not process special categories of personal data (e.g., health data, racial or ethnic origin, biometric data) through our Services unless expressly permitted in writing.
• You will not use our Services to process data of children under 18.

Warhorse reserves the right to suspend or terminate access to the Services for any customer that violates these compliance obligations.

7. Intellectual Property

The Services, including all software, algorithms, designs, interfaces, and documentation, are owned by Warhorse and protected by intellectual property laws. Content you create using our Services belongs to you, subject to our license to host and display it as part of the Services. You may not copy, modify, distribute, or reverse-engineer our Services without our written permission.

8. AI-Generated Content

Our Services generate content using artificial intelligence, including scripts, blueprints, product analyses, voice synthesis, and video media. By using these features, you acknowledge and agree that:

• AI-generated content is provided as a starting point and recommendation. You are responsible for reviewing, editing, and approving all content before publication or distribution.
• We do not guarantee the accuracy, completeness, factual correctness, or legal compliance of AI-generated content. AI systems may produce errors, hallucinations, or content that requires correction.
• You are responsible for ensuring that AI-generated content does not infringe on third-party intellectual property rights, violate publicity or likeness rights, or contain claims that violate truth-in-advertising standards.
• You will not use AI voice synthesis or video generation features to create content that impersonates real individuals without their consent or for any deceptive purpose.
• You retain ownership of content you create or customize using our tools, subject to applicable third-party AI provider terms.

9. Data Processing

Where Warhorse processes personal data on behalf of a customer (acting as a data processor), the terms of processing are governed by our Data Processing Addendum (DPA), which is available upon request and incorporated into these Terms by reference. The DPA addresses:

• The scope and purpose of processing
• Data security obligations
• Subprocessor disclosures and approval rights
• Data subject rights handling
• Breach notification procedures
• Data return and deletion upon termination

Customers who require a signed DPA may request one by contacting legal@warhorsesystems.com.

10. Limitation of Liability

The limitations in this section do not apply to liability arising from (a) Warhorse's gross negligence or willful misconduct, (b) breach of confidentiality obligations, or (c) Warhorse's indemnification obligations under these Terms.

11. Disclaimer of Warranties

12. Indemnification

You agree to indemnify and hold harmless Warhorse and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of a third party
• Your failure to comply with the customer compliance obligations set forth in Section 6

13. Security and Incident Notification

Warhorse maintains security measures designed to protect the confidentiality, integrity, and availability of customer data. In the event of a confirmed security incident affecting customer data, Warhorse will notify affected customers without undue delay and in no event later than 72 hours after becoming aware of the incident, consistent with applicable legal requirements.

Notification will include the nature of the incident, the categories of data affected, and the measures taken to address the incident.

14. Termination

We may terminate or suspend your account at any time for violation of these Terms. You may cancel your subscription at any time through your account settings or by contacting us. Upon termination, your right to use the Services ceases immediately.

We will retain your data for 90 days after termination to allow for export, after which it may be deleted unless retention is required by law.

15. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of Arkansas, without regard to its conflict of laws provisions. Any disputes arising from these Terms shall be resolved in the state or federal courts located in White County, Arkansas. You agree to submit to the personal jurisdiction of such courts.

16. Changes to Terms

We may update these Terms from time to time. We will provide notice of material changes through our Services or by email at least 30 days before the changes take effect. Your continued use of our Services after changes constitutes acceptance of the updated Terms.

17. Contact

For questions about these Terms, to request a Data Processing Addendum, or to contact our legal team: