Checking the terms of use (or service) and licensing agreement of an AI-generated image from a third-party source or platform is essential to see if there are any limits on using it on websites or commercial applications. Below are details of some well-known AI image generators and your rights in the content they produce.

DALL-E (Open AI)
• Cost: Free (15 Credits); Purchase an additional 115 credits for $15. Each credit allows you to create one “generation” using the system.
• Terms of use: “As between you and OpenAI, and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output.”

Visme
• Cost: Free (Basic plan) to $24.75 per month (Pro plan, billed annually).
• Terms of use: “Visme will not claim any copyright ownership over your
input data or the resulting material you generate.”

Midjourney
• Cost: $8 per month (Basic plan, billed annually) to $96.99 per month (Mega plan, billed annually).
• Terms of use: “ You own all Assets You create with the Services to the fullest extent possible under applicable law.”

Bing Image Creator
• Cost: Free
• Terms of use: “Microsoft does not claim ownership of Prompts, Creations, or any other content you provide, post, input, or submit to, or receive from, Image Creator (including feedback and suggestions).”

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What are the new reporting requirements?
Effective January 1, 2024, the Corporate Transparency Act requires many companies to report information about who owns or controls the company to the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of the Treasury. Failure to report the information to the federal government can result in both civil and criminal action.
 
Who is required to report?
•Companies formed or based in the USA and foreign companies registered to do business in the USA
•However, there are 23 types of entities that are exempt from the reporting requirements, including non-profits and certain “large operating companies” that have reported over $5,000,000 in revenue.
 
What are the deadlines for reporting BOI?
•If your company was formed before January 1, 2024, then you must report by January 1, 2025.
•If you form your company in 2024, you must report within 90 days of formation.
•If you form your company on or after January 1, 2025, you must report within 30 days of formation.

How do you report for ownership information with FinCEN and comply with the new law?
Complete your report on the FinCEN website for free.

How often do you need to report information?
Business owners only need to report their ownership information once, plus each time there are changes in ownership, which must be made within 30 days.

Want more information?
Be sure to review FinCEN’s Small Entity Compliance Guide and their FAQs, which provide information to help small businesses comply with the new reporting requirements.

Need assistance filing your report? Contact us at Aspire Law

1. Set a “done for the day” time
• Transformational managers demand that employees leave the office at a decent hour
• A manager would say to an employee staying late, “Why are you still here? We don’t stay late here unless there is an absolute emergency. We want you to be fresh tomorrow morning. Please go home.”

2. Request a little less than the maximum effort–studies show that 85% effort is ideal
• Maximum effort doesn’t always translate into the best results. Studies show that 85% effort leads to better long-term results.
• Managers can start by asking, “What does it feel like to be at 100% intensity?” and then, “How can you keep this closer to the 85% level?” to help coach employees to reach and maintain this sweet spot.

3. Ask, “How am I adding unnecessary stress to your work?”
• Top performers are already self-motivated, so managing them in the same way as everyone else will just wear them out and make them a flight risk.
• Managers can ask their top performers, “How am I adding unnecessary stress to your work?” and take the necessary steps to fix the situation

4. Encourage 85%-correct decisions
• Let people know that an 85%-right decision is acceptable while making decisions as a team. Don’t insist on “100% perfect.”
• Asking for 85%-correct decisions relieves your top employees of unnecessary strain and keeps your team moving forward as opposed to waiting for the 100%-right decision before taking action.

5 . Be mindful when using high-pressure language
• High-pressure words like “ASAP,” “NEED,” or “URGENT” can put your team members under too much stress.
• Asking your team members, “What do you need to say no to in order to say yes to this?” can be a better alternative to expecting them to always agree to every request.

6. End meetings 10 minutes early
• Research from Microsoft’s Human Factors Lab found that a brief break prevents stress from building up, but back-to-back no-break meetings make it harder for attendees to concentrate and participate.
• Ending meetings 10 minutes early can help keep employees out of “stressed brain” and keep them in “relaxed brain,” where they can do their best thinking.

7. Make 85% your personal intensity level
• Managers must similarly set their own intensity to 85% to show their employees that it’s okay to not constantly be stressed out.
• Managers who embrace the 85% rule as their new way of thinking will see an improvement in the performance of their teams.

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Despite some companies’ best efforts, a wellness app cannot change the current burnout culture. Instead, it requires managers and organizations to change their mindset and work culture.

The old harmful management mindset
• “Maximum effort = Maximum results”
• “No pain, no gain” and “Give it 110%”
• Take a look at McKinsey’s burnout study, which found that “toxic workplace behavior was the biggest predictor of burnout symptoms and intent to leave by a large margin.”
• Having these harmful mindsets not only hinders great performance, but it also breeds toxic behavior, which leads to burnout, which feeds toxicity, and so on.

The new better management mindset
• The 85% rule – to reach maximum output, you need to refrain from giving maximum effort. Giving 85% effort rather than 100% effort allows you to sustain your performance for longer and keeps your mind fresher and sharper.
• The idea of “No pain, no gain” is illogical – Carl Lewis, a 9-time Olympic gold medalist, would explain, “In many cases, it is more important to rest than it is to drive yourself to the point of pain.”

In order to truly get the best out of our workforce, we need a new mindset backed by data. A better formula would be “optimal effort = maximum results” as opposed to “maximum effort = maximum results,” as less effort can actually result in greater achievement.

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☎️ The Telephone Consumer Protection Act (TCPA) has strict rules and penalties for companies that call or text the wrong number, with statutory damages ranging from $500 to 1,500 per call or text. Due to these regulations, companies have paid millions in class action settlements even when the wrong party is contacted unintentionally. 

How can you protect your company from TCPA liability?

🗂On November 1, 2021, The Federal Communications Commission (FCC) launched the Reassigned Numbers Database (RND) – a database that tracks reassigned cell numbers to prevent consumers from getting unwanted calls intended for the previous owner of the same phone number.

Companies that register and use RND can reduce their liability risks in 2 ways:

✅ They are able to check the database to see if the number to be called was reassigned or placed on the do-not-call registry

✅ They are also protected from any liability that may come from incomplete or incorrect information in the RND

➡️ What are the steps you need to take to be protected from TCPA liability once you’ve registered? You’ll need to show:

・ Consent from the recipient of intended call or text

・ You’ve queried the up-to-date RND database before calling or texting the number

・ You didn’t receive a report from the RND that the number was permanently disconnected on or after the date of consent

– Don’t forget to include third-party vendors who are calling or sending text messages on your behalf when assessing your TCPA compliance. 

👉🏼 Need more guidance on business laws? Contact me to learn more about how my services can help you achieve your business goals!

One study shows that 15%+ of a person’s job satisfaction is based on how satisfied they are with their work meetings!

5 tips to improve your work productivity and happiness

1️⃣ Look at your calendar with the intent to delete all of your meetings. Ask yourself why you need to keep any of them. Only keep the meetings that would be the best and highest use of your time. Cancel or decline the others and see if you’re more productive.

2️⃣ Try shortening your meetings by 15 minutes each week until you get the best length.

3️⃣ Have a clear purpose and agenda for all meetings or ask for these before you accept a meeting. If the meeting is not the best use of your time then consider declining the meeting.

4️⃣ Do you have daily/weekly/monthly recurring meetings? Try cancelling them and only scheduling those meetings when they are most valuable. Try sharing info via Microsoft Teams, productivity apps like Monday.com, or a shared google doc instead.

5️⃣ Be ok with not being at meetings. Feel confident in your decision to be productive in other ways.

Want more tips? Read “Joy At Work” by Marie Kondo and Scott Sonenshein.

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📖 Negative option billing models – while there are various types, these models typically have a term or condition under which the business may interpret the consumer’s inaction to cancel an agreement or refuse a good or service as acceptance of their offer, including the continuation of the offer
– Some common types: automatic renewal, continuity plans, free-to-pay conversions 

💥📝 In response to an increase in complaints about unauthorized charges and difficult cancellation processes, the FTC recently issued a new enforcement policy statement warning companies that they’ll face legal action if they don’t meet these 3 requirements

📚 Summary of the 3 Key Requirements

1️⃣ Provide clear and upfront disclosures of all material terms of the product/service
✔️ Information about the product/service needed to prevent deception about the characteristics of product/service
✔️ Price increase following the end of the trial period and, if applicable, recurring charges unless consumer takes timely actions
✔️ Price to be billed and frequency of billing
✔️ Deadlines by which the consumer must act to stop charges
✔️ Date(s) each charge is submitted for payment
✔️ How to cancel
✔️ Disclosures must be easily noticeable, easy to understand, and not contain any additional information that undermines the consumer’s ability to understand the disclosures 

2️⃣ Receive consumer’s affirmative consent
✔️ Obtain consumer’s acceptance of the negative option feature separately from any other portion of the entire transaction
✔️ Not contain any additional information that undermines the consumer’s ability to provide expressed informed consent

3️⃣ Offer a simple and easy cancellation method
✔️ Provide cancellation method through the same medium and at least as easy as the method used to buy the product/service
✔️ Do not subject consumers to new offers or impose unreasonable delays to the consumer’s cancellation efforts

🎯 Contact me if you need help making sure your business’s marketing is under compliance with the law!

In an effort to reduce complaints and chargebacks from consumers and stay up to date with federal and state laws, Mastercard’s new requirements focus on point of payment disclosures with an extra set of requirements for negative options.

📅Key dates to know:
📌September 22, 2022: New point of payment disclosure requirements in effect 
📌March 22, 2022: All other requirements in effect 

📚 Quick Summary of Rule Changes for Merchants:

1️⃣ Point of Payment Disclosures
✔️Subscription/Recurring Billing Models 
・Must disclose subscription terms, including price and frequency of billing, and receive affirmative consent of terms
✔️Negative Option Billing Model
・Must disclose the terms and length of the trial period, including any initial charges, and the price and frequency of the following subscription. 
・Disclosures must be on the same screen as the order summary or where consumers enter their card information
・What is not accepted: requiring consumers to click on a link, scroll down the page, or expand a message box to see the terms

2️⃣ Enrollment Confirmation
・Must send a confirmation of enrollment to the consumer’s email or any other electronic method immediately following enrollment
・Confirmation must include the terms of subscription, the terms of a trial (if applicable), and clear instructions on how to cancel the subscription

3️⃣ Receipts
・Must send a receipt after each subscription billing by email or any other electronic method and include clear instructions on how to cancel the subscription

4️⃣ Reminders
✔️Negative Option Billing Model or Subscription/Recurring Billing Models with 6 Month+ Billing Periods
・Must send subscription reminders to consumers by email or any other electronic method between three and seven days before the card is automatically charged
・Notifications must contain the basic terms of the subscription and instructions on how to cancel the subscription prior to each billing date
✔️Additional Requirement for Negative Option Billing Model 
・Must send notifications prior to automatic enrollment in the full plan, inform the consumer that the subscription plan will begin at the end of the trial period unless canceled before the stated date, contain the basic terms of subscription, and instructions on how to cancel the subscription
・Note: Does not apply to high-risk negative option billing merchants offering a trial of a physical good that automatically enrolls consumer into a subscription plan following the end of the trial period 

5️⃣ Electronic Cancellation Method
・Must provide a simple and easy online or electronic cancellation method to subscribers 

🎯 Contact me if you need help with your disclosure, receipt, notification, and cancellation policies!

Grow your business with niche marketing using these helpful tips.
 
1️⃣ Find what you can offer, what pain you can solve
Go deeper. Become an expert in your area.
 
2️⃣ Find out where you can stand out
If your area of expertise is saturated in your region, consider events elsewhere to expand your network.
 
3️⃣ Build trust and true relationships by being honest, ethical, and caring
Find your ideal client and stick with it. Sometimes that means passing on business that doesn’t fit to maximize performance and satisfaction.
 
4️⃣ Make small tests in the market
See what works and doesn’t work before you invest more resources.
 
5️⃣ Keep in touch
Do everything you can to keep in touch with the connections you make. Consider email blasts, connecting on social media platforms, and reaching out when you’re in the same area.
 
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The Magnuson-Moss Warranty Act (the Act) sets specific requirements for the warrantor of consumer products and combination sales of a product and service when providing a written warranty. Here are the basics you need to know.
 
1️⃣ Disclosure Rule
✔️ All consumer product warranties must be titled “full” or “limited”
✔️ Limited warranties must be made available in a single, clear, easy-to-read document

2️⃣ Pre-sale Availability Rule
✔️ The warrantor and seller must ensure that warranties are available wherever consumer products are sold, with the exception of products that retail for $15.00 or less
 
3️⃣ Dispute Resolution Rule
✔️ Makes it easier for consumers to take a company to court
✔️ Creates a framework for companies to set up procedures for resolving disputes informally and with minimal expense

📚 The Act also prohibits specific types of conduct
❌ You are not allowed to disclaim or modify implied warranties, such as the warranty of merchantability, during the term of your express warranty or condition warranty service on registration or return of warranty card
❌ You are not allowed to include a tie-in sales provision in your warranty, which ties your warranty coverage to the use of the warrantor’s parts or service providers 
 
📚 State specific warranty laws
✔️ Some states have warranty laws applicable to specific types of products, such as cars or recreational vehicles, and are intended to provide additional protections to the buyer
✔️ Some states have laws specifically applicable to extended warranties or service contracts and are more of a form of insurance
✔️ Check your state for more information! California’s Song-Beverly Act is the strictest state warranty law in America with numerous requirements

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Be in the know and make sure your product is safe and compliant with these helpful tips.
 
1️⃣ If you make consumer products, register your company on www.saferproducts.gov
✔️Consumer Product Safety Commission (CPSC) reports consumer incidents on this public database website, so when you register, your company can receive reports or notices when an incident has been reported, including who filed the complaint. 
✔️This is important because the CPCS has the authority to ban products deemed dangerous, pursue recalls, and impose significant civil monetary penalties on companies that fail to report violations, such as product defects and safety incidents, in a timely manner. 
 
2️⃣ What are the typical violations reported?
✔️Section 15(b) of the Consumer Product Safety Act (CPSA) requires mandatory reporting on any product within its jurisdiction that 
・fails to comply with product safety standards, rules, regulations, or ban
・substantial risk of injury to consumers
・creates unreasonable risk of serious injury or death
 
3️⃣ Anyone in the distribution chain, such as the manufacturer, importer, distributor, or retailer, has a legal obligation to report any violations
✔️While manufacturers have more information and a higher duty to report violations, retailers also have an obligation to report any information that indicates a problem with a product they have sold. 
✔️The CPSA states that you must report “immediately” (within 24 hours) upon receiving information that reasonably supports the conclusion of a failure to comply with product safety standards. 
✔️The affected party has reasonable time (generally 7-10 days) to investigate the claim and determine if the information is valid and should be reported. Failure to report in a timely manner can result in significant civil monetary penalties and increased compliance requirements.
 
4️⃣ How do you fulfill your duty to report a violation as a retailer or distributor?
✔️There are two ways. 1) File a section 15(b) report. 2) Write a letter to the manufacturer or importer, saying you have received these reports of product incidents or defects that need to be addressed. Send a copy of the letter to the CSPA.
 
5️⃣ Don’t know if a product you’re manufacturing or importing complies with product safety law and standards?
✔️CPSC’s Regulatory Robot (a series of questions) will guide you through important product safety requirements that can be reviewed prior to production or import to ensure your product is safe and compliant for American consumers.

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California Governor Gavin Newsom signed new legislation earlier this month to protect consumers and increase transparency. So what does this mean? Here is a quick breakdown.

New notice requirements:

1️⃣ For free trials and promotional periods longer than 31 days
・When a consumer accepts a free gift or trial lasting more than 31 days that turns into an automatic renewing offer (“free gift” excludes a free promotional item or gift different from the subscribed product) OR accepts a promotional or discounted price for an automatically renewing offer in which the promotional period lasts more than 31 days
➡️Notice for an upcoming automatic renewal is required at least 3 days before renewal and up to 21 days before the promotion ends

2️⃣ For offers with an initial term of 1 year or longer
・When a consumer accepts an offer where the initial term is 1 year or longer and automatically continues until the consumer cancels
➡️Notice for an upcoming automatic renewal is required at least 15 days before renewal and up to 45 days before automatic renewal offer renews

📝The notice must clearly and visibly state 
1) that the automatic renewal or continuous service will automatically renew unless the consumer cancels
2) at least one cancellation method
3) for electronically sent notices, a direct link to the cancellation process or an accessible electronic method to direct the consumer to the cancellation process if a link doesn’t exist
4) length of service and additional terms of the renewal period 
5) business contact information

New cancellation requirements:

1️⃣ Merchant must provide an online cancellation process that doesn’t “obstruct or delay the consumer’s ability to terminate the automatic renewal or continuous service immediately.” 

2️⃣ Method of cancellation must be provided in one of the formats below:
・A direct link or button prominently located in the consumer’s account, profile, device, or user settings
・An immediately accessible termination email provided by the business in which a consumer can send to the business without additional information

*Businesses may require account authentication prior to cancellation, but they must also permit consumers to cancel offline, such as a toll-free number, should the consumer be unable or unwilling to authenticate their account.

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Leverage your opportunities to grow your business with these helpful tips.

1️⃣ Ongoing education ➡️ improves business development
✔️ Develop and prove your skills to keep you sharp and relevant
✔️ Gain more confidence in areas of interest
✔️ Helps you become an expert in your field

2️⃣ Community engagement ➡️ builds your personal brand
✔️ Show up with the same business values you have when serving
✔️ Increases visibility in an authentic way
✔️ Strengthens your network

3️⃣ Leadership in a professional organization ➡️ strengthens your credibility
✔️ Pick a few organizations where you can go deep, be active, and serve
✔️ Increases visibility, credibility, and potential for referrals
✔️ Enhances knowledge with further education and peer conversations

4️⃣ Speaking opportunities ➡️ increase your authority
✔️ Ask to be in a speaking rotation in your organizations
✔️ Opportunity to deliver your message from a place of authority and connect with people
✔️ Catapults you in your group and externally when used in your business marketing

Pro Tip: For best results, be as active as possible in your community

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Set yourself up for success through leveraging Linkedin with these helpful tips.

1️⃣ Build connections by treating Linkedin as a virtual live networking event

1. Optimize your profile
✔️ Use your headline to share what you do, whom you work with, and a result your target audience can expect from working with you
✔️ Write in 1st person and format your profile to appeal to your target audience
2. Look for people who are good potential clients or strong referral partners
3. Introduce yourself with a connection request
✔️ Goal is to build relationships, so don’t go straight into a sales pitch

2️⃣ Increase exposure by engaging with your target audience

1. Go down newsfeed and look for posts that resonate with your target market
2. Comment on those posts with a specific point you liked or learned
3. Write posts that add value for your target audience
4. Make an influencer list (20 people) who have a big following in your market and make a point to comment and engage with them
✔️ Keep this to 15 minutes/day to stay focused
✔️ You can have someone write your posts to save time, but write your own comments

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