1. Agreement to Terms
By accessing or using Open Mind Marketing ("Open Mind Marketing," "Service," "we," "us," or "our"), 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 apply to all visitors, users, and others who access or use the Service. By creating an account or using any part of the Service, you represent that you are at least 18 years of age and have the legal capacity to enter into a binding agreement.
2. Description of Service
Open Mind Marketing is an AI-powered SaaS platform that provides marketing tools designed for local small businesses. Our tools include but are not limited to:
- Local SEO analysis and optimization
- Google Business Profile (GBP) optimization and content generation
- Google Maps ranking and local presence tracking
- AI visibility scoring across major AI platforms
- AI-powered copywriting and marketing content generation
- Review response, keyword research, and competitor analysis
- Third-party platform integrations (e.g., Google Business Profile)
We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice.
3. Accounts and Registration
3.1 Account Creation
To use most features of Open Mind Marketing, you must create an account by providing a valid email address and password. You agree to provide accurate, complete, and current information.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:
- Use a strong, unique password
- Not share your account credentials with others
- Notify us immediately at support@openmindmarketing.ai if you suspect unauthorized access
- Not create multiple accounts to circumvent usage limits or restrictions
3.3 Account Termination
We reserve the right to suspend or terminate your account at our sole discretion if you violate these Terms, engage in fraudulent activity, or misuse the Service.
4. Subscriptions and Payment
4.1 Plans
Open Mind Marketing offers free and paid subscription plans. Plan features, limits, and pricing are described on our pricing page and may change with 30 days’ notice to existing subscribers.
4.2 Billing
Paid subscriptions are billed in advance on a monthly or annual basis. By providing payment information, you authorize us to charge your payment method for the applicable subscription fee.
All payments are processed securely by Stripe. We do not store your full payment card information on our servers.
4.3 Credits
Certain features require "credits" which are consumed upon use. Credits included in your monthly plan reset on your billing date and do not carry over. Purchased credit packs do not expire.
4.4 Refunds
We offer a 7-day money-back guarantee for new paid subscribers. After 7 days, subscription fees are non-refundable except where required by applicable law. Credit pack purchases are non-refundable once credits have been used.
4.5 Cancellation
You may cancel your subscription at any time through your account settings or by contacting support@openmindmarketing.ai. Cancellation takes effect at the end of your current billing period. You will retain access to paid features until the end of the period for which you have paid.
4.6 Price Changes
We reserve the right to change subscription prices. We will provide at least 30 days notice of any price changes to existing subscribers via email. Continued use of the Service after a price change constitutes acceptance of the new pricing.
5. Acceptable Use Policy
5.1 Permitted Use
You may use Open Mind Marketing only for lawful purposes and in accordance with these Terms. You agree to use the Service to:
- Market and grow your own business or businesses you are authorized to manage
- Generate marketing content, listings, and optimizations for your own business properties
- Research markets and analyze performance for your own business purposes
5.2 Prohibited Use
You agree NOT to use the Service to:
- Violate any applicable law, regulation, or third-party rights
- Create content that is fraudulent, deceptive, or misleading
- Generate content that infringes on intellectual property rights of others
- Resell, sublicense, or redistribute access to the Service without our written permission
- Use automated scripts, bots, or scrapers to access the Service beyond normal use
- Attempt to reverse engineer, decompile, or extract the source code of the Service
- Use the Service to generate spam, unsolicited messages, or mass marketing without proper consent
- Create multiple free accounts to circumvent usage limits
- Use the Service in any way that could damage, disable, or impair our infrastructure
- Generate content that is illegal, harmful, threatening, abusive, defamatory, or obscene
- Violate the terms of service of third-party platforms integrated with the Service (including Google Business Profile)
5.3 Platform Compliance
When using Open Mind Marketing to create content for third-party platforms, you are solely responsible for ensuring that content complies with those platforms' terms of service, policies, and guidelines. Open Mind Marketing is not responsible for any consequences resulting from violations of third-party platform policies.
6. AI-Generated Content
6.1 Ownership
Subject to these Terms and your continued subscription, you own the content you create using Open Mind Marketing's tools, including AI-generated marketing copy, listing content, and related materials.
6.2 License to Us
By using the Service, you grant Open Mind Marketing a limited, non-exclusive license to process, store, and display your content solely for the purpose of providing the Service to you.
6.3 AI Limitations
AI-generated content may occasionally produce inaccurate, incomplete, or unexpected results. You are responsible for reviewing all AI-generated content before publishing or using it commercially. Open Mind Marketing makes no warranty regarding the accuracy, quality, or fitness of AI-generated content for any particular purpose.
6.4 No Training on Your Data
We do not use your content, prompts, or generated outputs to train our AI models or those of our AI providers without your explicit consent.
6.5 Intellectual Property Responsibility
While we strive to generate original content, AI systems may occasionally produce content that resembles existing works. You are solely responsible for reviewing generated content for potential intellectual property issues before commercial use. Open Mind Marketing is not liable for any intellectual property claims arising from your use of AI-generated content.
7. SMS / Text Message Communications
Open Mind Marketing operates an SMS program sent through our communications provider, Twilio. Full details are available in Section 6 of our Privacy Policy.
7.1 Types of Messages
- Lead qualification — follow-up messages to prospects who submit their phone number through a web form, landing page, or Facebook Lead Ad
- Appointment reminders — scheduling confirmations, reminders, and rescheduling prompts
- Service updates — status notifications, job or order updates, customer support responses, and account-related alerts
7.2 How Consent Is Obtained
We collect mobile phone numbers and SMS consent through:
- Web forms on our website and on sites operated by businesses using our platform, with a clearly labeled SMS opt-in disclosure
- Facebook Lead Ads where SMS disclosure language is presented within the lead form prior to submission
- Account signup and preference pages within our platform
Express written consent. By submitting your mobile number through any of the channels above and accepting the associated disclosure, you provide express written consent to receive recurring automated text messages from Open Mind Marketing (or the business using Open Mind Marketing to communicate with you) at the number provided. Consent is not a condition of any purchase. Message and data rates may apply.
7.3 Opt-Out (STOP) and Help (HELP)
Reply STOP at any time to any message to unsubscribe. Reply HELP for assistance, or contact support@openmindmarketing.ai. You may continue to receive individual transactional messages strictly required to service a pending request where permitted by law.
7.4 Message Frequency
Message frequency varies based on your activity, the purpose of the program you opted into, and the business you are communicating with. You may receive additional messages in response to questions you initiate.
7.5 Carrier Disclaimer
Carriers are not liable for delayed or undelivered messages. Open Mind Marketing is not responsible for delays or non-delivery of SMS messages caused by your carrier or device.
7.6 Mobile Opt-In Data
Mobile opt-in data and consent records are never sold or shared with third parties for marketing purposes. See our Privacy Policy for details on how we handle phone numbers and SMS data.
7.7 Client-Specific SMS Programs (e.g., Construction Station)
When you submit a contact form on behalf of one of our managed clients — such as Construction Station Flooring and Design — you consent to receive SMS messages regarding your inquiry, appointment confirmations, and project updates. These messages are sent by Open Mind Marketing on behalf of that client. Message and data rates may apply. Reply STOP to opt out at any time. Reply HELP for assistance or contact support@openmindmarketing.ai. Consent to receive SMS is not a condition of any purchase or service.
8. Third-Party Integrations
8.1 Connected Platforms
Open Mind Marketing integrates with third-party platforms, including Google Business Profile. These integrations are provided as a convenience and are subject to the availability and terms of those platforms.
8.2 No Endorsement
We do not endorse, warrant, or take responsibility for any third-party platforms, services, or content. Your use of third-party platforms is governed by their respective terms of service.
8.3 API Keys and Access Tokens
You are responsible for the security of any API keys or access tokens you store in your Open Mind Marketing account. Do not share these credentials with others. We store them encrypted but cannot guarantee absolute security.
8.4 Platform Changes
Third-party platforms may change their APIs, terms, or features at any time. Open Mind Marketing is not responsible for interruptions to integrations caused by changes made by third-party platforms.
9. Intellectual Property
9.1 Our Intellectual Property
The Open Mind Marketing platform, including its software, design, branding, logos, and original content, is owned by Open Mind Marketing and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on our platform without written permission.
9.2 Feedback
If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use that feedback without restriction or compensation to you.
10. Privacy
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
11. Disclaimers and Warranties
11.1 As-Is Service
The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
11.2 No Guarantee of Results
We do not guarantee that using Open Mind Marketing will result in increased sales, revenue, search ranking, or business success. Results depend on many factors outside our control, including your product or service quality, market conditions, and your implementation of our tools.
11.3 Uptime
We strive for high availability but do not guarantee uninterrupted access to the Service. We are not liable for downtime, data loss, or service interruptions.
12. Limitation of Liability
To the maximum extent permitted by applicable law, Open Mind Marketing shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, arising from your use of or inability to use the Service.
Our total liability to you for any claims arising from these Terms or your use of the Service shall not exceed the amount you paid to us in the twelve months preceding the claim.
13. Indemnification
You agree to indemnify, defend, and hold harmless Open Mind Marketing, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights
- Any content you create, publish, or distribute using the Service
- Your violation of any applicable law or regulation
14. Dispute Resolution
14.1 Informal Resolution
Before filing any formal dispute, you agree to contact us at support@openmindmarketing.ai and attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days.
14.2 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
14.3 Jurisdiction
Any legal action or proceeding arising from these Terms shall be brought exclusively in the state or federal courts located in Riverside County, California. You consent to the personal jurisdiction of those courts.
14.4 Waiver of Class Action
To the extent permitted by law, you waive your right to participate in class action lawsuits or class-wide arbitration against Open Mind Marketing.
15. General Provisions
15.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Open Mind Marketing regarding the Service and supersede all prior agreements.
15.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
15.3 No Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce that provision in the future.
15.4 Assignment
You may not assign your rights under these Terms without our written consent. We may assign our rights and obligations without restriction.
15.5 Changes to Terms
We reserve the right to update these Terms at any time. We will notify you of material changes by email or by displaying a notice on the platform. Your continued use of the Service after changes are posted constitutes acceptance of the updated Terms.
16. Contact Information
For questions about these Terms of Service, please contact:
Open Mind Marketing
- Email: support@openmindmarketing.ai
- Website: openmindmarketing.ai
These Terms of Service were last reviewed and updated on April 28, 2026. Open Mind Marketing — Riverside, California.