Terms of Service

1.1 Agreement. These Terms of Service (“Terms”) are a binding contract between Prominent Marketing, LLC d/b/a Marketing Ninjas (“Company,” “we,” “us”) and the business entity that registers for or uses ERP Generator (the “Service”) (“Customer,” “you”). By clicking “I agree,” creating an account, or using the Service, you accept these Terms. If you do not agree, do not use the Service.

1.2 Authority. The individual accepting these Terms represents that they are at least 18 years old and have authority to bind the Customer entity. If they lack that authority, they accept these Terms personally and are personally liable for the Customer’s obligations.

1.3 Business use only. The Service is offered only to businesses for commercial purposes. It is not offered to consumers for personal, family or household use.

1.4 Definitions.

“Customer Content” means all data, text, files, images, floor plans, contact lists, access codes, and other information that you or your Users upload, enter, generate, store, or share through the Service, including emergency response plans (“Plans”). “Users” means your employees, contractors, and anyone else you allow to access the Service under your account. “Recipients” means any third party with whom you or your Users share a Plan or other Customer Content, including vendors, property managers, building owners, tenants, contractors, and first responders.

1.5 Changes to these Terms. We may update these Terms by posting a revised version and notifying you by email or in the Service. Changes take effect 30 days after notice, or sooner where required by law. Continued use after the effective date means you accept the updated Terms.

2.1 A software tool only. The Service is a software tool that helps you draft, organize, store and share documents. We do not create, review, verify, approve, certify or audit any Plan or other Customer Content. Templates, prompts, checklists, sample language and any automated or AI-generated suggestions are general starting points only.

2.2 Not an emergency service. THE SERVICE IS NOT AN EMERGENCY RESPONSE, DISPATCH, MONITORING OR ALERTING SERVICE AND MUST NOT BE RELIED ON AS ONE. In any emergency, contact 911 or the appropriate emergency services first. We do not monitor your properties, Plans or communications, and we will not notify anyone of an emergency.

2.3 No professional advice. Nothing in the Service is legal, safety, engineering, insurance, fire-protection, environmental, health, or regulatory compliance advice. You are solely responsible for determining whether any Plan is adequate, accurate, current, and compliant with applicable laws, codes, standards (including OSHA, NFPA, IICRC, local fire codes) and contractual obligations, and for consulting qualified professionals.

2.4 Your plans, your outcomes. You are solely responsible for every Plan’s content and for how you, your Users, and any Recipient use it or act on it. We are not responsible for any emergency response, property damage, business interruption, injury, death, or loss arising from the content, accuracy, completeness, use or non-use of any Plan.

2.5 Availability. The Service may be unavailable, slow, or inaccessible at any time, including during an emergency, due to maintenance, outages, internet or power failures, or third-party providers. You must keep current offline copies of every Plan (printed or downloaded) in locations where they will be accessible during an emergency.

3.1 Ownership. You own your Customer Content. You grant us a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, display and back up Customer Content solely to provide, secure, support and improve the Service and as required by law.

3.2 Sole responsibility. You are solely responsible for all Customer Content and for its accuracy, legality, quality, completeness and currency. We have no obligation to review, monitor, edit or verify Customer Content, and we do not endorse it. If we choose to review any Customer Content, we assume no responsibility or liability for it.

3.3 Your representations. You represent and warrant that: (a) you have all rights, consents, permissions and authority needed to upload and share Customer Content, including from property owners, property managers, tenants, vendors and any individual named in it; (b) Customer Content and your use of the Service comply with all applicable laws, including privacy, data protection, security and confidentiality obligations; and (c) Customer Content does not infringe or violate anyone’s rights or any contract, including non-disclosure agreements with your clients.

3.4 Sensitive information. Plans may contain sensitive information such as building

layouts, security system details, alarm or door codes, key locations, utility shutoffs, and personal contact details. You decide what to include and assume all risk of doing so. You agree not to upload, and we are not responsible for: Social Security numbers, government ID numbers, financial account or payment card numbers, health or medical information (including information covered by HIPAA), biometric data, or information about children. Where possible, store passwords and access codes outside the Service or in a form that does not reveal them in full.

3.5 Sharing is your decision. When you or your Users share a Plan or other Customer Content, including by link, email, export, print or granting access, you alone choose the Recipients and are solely responsible for that disclosure and for anything a Recipient does with it. Anyone with a share link may be able to view the shared content. We are not responsible for content once it is shared, downloaded, exported or printed, or for revoking a Recipient’s access, forwarding, or copies.

3.6 Your Users and Recipients. You are responsible for the acts and omissions of your Users as if they were your own, and for ensuring Recipients are bound to appropriate confidentiality obligations.

3.7 Aggregated data. We may collect and use de-identified, aggregated data about use of the Service (which does not identify you, your clients, or any individual) to operate, analyze and improve our products, during and after the term.

4.1 Reasonable safeguards. We use commercially reasonable administrative, technical and physical safeguards designed to protect Customer Content. However, no system is completely secure, and we do not guarantee that Customer Content will never be accessed, disclosed, altered, lost or destroyed without authorization.

4.2 Your security obligations. You are responsible for: keeping login credentials confidential; enabling available security features such as multi-factor authentication; promptly removing access for departed Users; managing share links and permissions; and securing your own devices, networks and email. Any activity under your account is deemed yours. Notify us at support@marketingninjas.io promptly if you suspect unauthorized access.

4.3 Security incidents. If we confirm unauthorized access to Customer Content on our systems, we will notify you without undue delay as required by applicable law. You are responsible for any notices you owe your clients, Recipients or individuals. Our liability for any security incident is subject to Section 7.

4.4 Backups. We may back up the Service for our own disaster-recovery purposes, but we are not a backup or archiving service. You are responsible for maintaining your own copies of Customer Content. We are not liable for any loss, corruption or deletion of Customer Content.

4.5 Legal requests. We may access or disclose Customer Content when we believe in good faith it is required by law, subpoena or court order, or necessary to protect the Service, our rights, or anyone’s safety. Where legally permitted, we will try to notify you first.

5.1 Prohibited uses. You will not, and will not allow anyone to: (a) use the Service for any unlawful, fraudulent or harmful purpose; (b) upload malware or content that infringes others’ rights; (c) access another customer’s data or attempt to bypass security; (d) reverse engineer, copy, resell, sublicense or build a competing product

from the Service; (e) scrape the Service or overload its infrastructure; or (f) use the Service in situations where its failure could directly cause death or serious injury without independent safeguards.

5.2 Suspension. We may suspend or limit access immediately, without liability, if we reasonably believe you have breached these Terms, your account poses a security risk, or suspension is required by law.

5.3 Third-party services. The Service may rely on or connect to third-party services (such as hosting, email, SMS, mapping, payment processing or AI providers). We are not responsible for third-party services, their availability, or their handling of data, and your use of them may be subject to their own terms.

5.4 Our intellectual property. We and our licensors own the Service, including its software, design, templates and documentation. Except for the limited right to use the Service under these Terms, no rights are granted to you. If you send us feedback or suggestions, we may use them freely without obligation to you.

6.1 Fees. You agree to pay all fees for your plan as stated at signup or in your order. Subscriptions renew automatically for the same period unless cancelled before renewal. Fees are non-refundable except where required by law. We may change fees on 30 days’ notice, effective at your next renewal. You are responsible for all applicable taxes. We may suspend the Service for non-payment.

6.2 Term and termination. These Terms apply while you use the Service. You may cancel at any time, effective at the end of your current billing period. We may terminate for any reason on 30 days’ notice, or immediately if you breach these Terms.

6.3 Data after termination. After termination, you will have 30 days to export your Customer Content. After that period we may permanently delete it, without liability, subject to routine backup cycles and legal retention requirements. You are responsible for ensuring Recipients have current copies of any Plan they rely on.

6.4 Survival. Sections 2, 3, 6.3, 7, 8 and any other provisions that by their nature should survive will survive termination.

7.1 Disclaimer of warranties. THE SERVICE, ALL TEMPLATES, SUGGESTIONS AND OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR THAT ANY PLAN WILL BE ADEQUATE, COMPLIANT OR EFFECTIVE IN AN EMERGENCY.

7.2 Exclusion of damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, GOODWILL OR DATA, PROPERTY DAMAGE, BUSINESS INTERRUPTION, BODILY INJURY OR DEATH, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE SERVICE, CUSTOMER CONTENT, ANY PLAN, ANY SHARING OF CONTENT, OR ANY EMERGENCY OR RESPONSE TO ONE, EVEN IF ADVISED OF THEIR POSSIBILITY.

7.3 Liability cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, UNDER ANY THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) $100.

7.4 Basis of the bargain. You acknowledge that our fees reflect the allocation of risk in this Section 7, that these limitations are an essential part of the agreement, and that they apply even if a remedy fails of its essential purpose.

7.5 Indemnification. You will defend, indemnify and hold harmless the Company and its owners, officers, employees, contractors and agents from and against all claims, demands, losses, damages, fines, penalties, costs and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) Customer Content, including any Plan and its accuracy, adequacy or use; (b) your or your Users’ use of the Service; (c) any sharing of Customer Content with, or any act or omission of, a Recipient; (d) any emergency, incident, property damage, injury or death connected to a property or Plan you manage or create; (e) your breach of these Terms or of law; or (f) any claim by your clients, property owners, tenants, vendors or other third parties. We may participate in our defense with counsel of our choice at your expense, and you may not settle any claim that imposes obligations on us without our written consent.

7.6 Time limit on claims. Any claim against us must be brought within one (1) year after it arises, or it is permanently barred.

8.1 Informal resolution first. Before filing any claim, you agree to contact us at support@marketingninjas.io and try in good faith to resolve the dispute for at least 30 days.

8.2 Binding arbitration. Any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, in Georgia, United States. Judgment on the award may be entered in any court with jurisdiction. Either party may seek injunctive relief in court to protect intellectual property or confidential information.

8.3 Class action waiver. Claims may be brought only in an individual capacity, not as a plaintiff or class member in any class, consolidated or representative proceeding. The arbitrator may not consolidate claims or award class-wide relief.

8.4 Governing law and venue. These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-law rules. For any matter not subject to arbitration, the state and federal courts in Georgia, United States have exclusive jurisdiction.

8.5 Attorneys’ fees. In any action to enforce these Terms, the prevailing party may recover its reasonable attorneys’ fees and costs.

8.6 Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control, including natural disasters, severe weather, fire, flood, power or internet outages, cyberattacks, pandemics, labor disputes, government action, or failures of third-party providers.

8.7 Independent parties; no third-party beneficiaries. The parties are independent contractors. These Terms create no partnership, agency or fiduciary relationship. No Recipient, client, property owner or other third party is a beneficiary of these Terms or has any right to enforce them.

8.8 Entire agreement; order of precedence. These Terms, our Privacy Policy and any order form are the entire agreement on this subject. Any purchase order or customer terms you send are rejected and have no effect.

8.9 Severability and waiver. If any provision is found unenforceable, it will be enforced to the maximum extent permitted and the rest remains in effect. Our failure to enforce a provision is not a waiver.

8.10 Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition or sale of assets.

8.11 Notices. We may send notices to the email address on your account. You must send notices to support@marketingninjas.io and 3900 Crown Rd SW #16709 SMB#106291 Atlanta, GA, 30304.