Terms of Service

1. Agreement to Terms

By accessing or using BrandPulse ("Service", "Platform", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

BrandPulse is operated by [Your Company Name] ("Company", "we", "us", or "our").

2. Description of Service

BrandPulse is an AI visibility intelligence platform that enables users to:

• Test prompts across multiple AI models (including but not limited to GPT-4, Claude, Gemini, and Perplexity)
• Track brand mentions in AI-generated responses
• Monitor competitor visibility in AI outputs
• Analyze sentiment and positioning in AI responses
• Generate and optimize content for AI visibility
• Schedule automated testing and monitoring
• Access analytics and insights about AI visibility trends

3. Eligibility

3.1 Age Requirement

You must be at least 18 years old to use this Service. By using the Service, you represent and warrant that you are at least 18 years of age.

3.2 Account Registration

To access certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

3.3 Business Use

If you are using the Service on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

4. Subscription Plans and Pricing

4.1 Subscription Tiers

BrandPulse offers multiple subscription tiers:

• Free Tier: Limited features with usage restrictions
• Pro Tier: Enhanced features with higher usage limits
• Business Tier: Advanced features for growing teams
• Enterprise Tier: Custom solutions for large organizations

Specific features, limits, and pricing for each tier are detailed on our pricing page.

4.2 Payment Terms

• Subscriptions are billed on a monthly or annual basis (as selected)
• All fees are non-refundable except as required by law or as explicitly stated in these Terms
• You authorize us to charge your payment method for all fees incurred
• Payment is due upon subscription or renewal
• We reserve the right to change pricing with 30 days' notice to active subscribers

4.3 Free Trials

• Free trials may be offered for certain subscription tiers
• Credit card information may be required to start a free trial
• Unless cancelled before the trial ends, you will be automatically charged for the selected subscription
• Only one free trial per user/organization is permitted

4.4 Automatic Renewal

• Subscriptions automatically renew at the end of each billing period
• You will be charged the then-current rate for your subscription tier
• You may cancel automatic renewal at any time through your account settings
• Cancellations take effect at the end of the current billing period

4.5 Downgrades and Cancellations

• You may downgrade or cancel your subscription at any time
• Downgrades take effect at the end of the current billing period
• No refunds or credits will be issued for partial billing periods
• Upon cancellation, you will retain access until the end of the paid period
• After cancellation, your data will be retained for 30 days, after which it may be deleted

5. Acceptable Use Policy

5.1 Permitted Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You may use the Service to:

• Monitor your own brand's visibility in AI outputs
• Test and optimize your content for AI recommendations
• Track competitive intelligence within your industry
• Generate insights about AI model behavior
• Create content optimized for AI visibility

5.2 Prohibited Uses

You agree NOT to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Transmit malicious code, viruses, or harmful software
• Attempt to gain unauthorized access to the Service or related systems
• Use the Service to harass, abuse, or harm others
• Impersonate any person or entity
• Engage in any automated use of the system (scraping, bots) without written permission
• Resell or redistribute the Service without authorization
• Use the Service to spam or send unsolicited communications
• Attempt to reverse engineer, decompile, or discover source code
• Remove, obscure, or alter any proprietary notices
• Test competitors' brands without proper authorization
• Use the Service to manipulate AI model outputs for deceptive purposes
• Exceed rate limits or usage quotas for your subscription tier
• Share your account credentials with unauthorized users

6. Intellectual Property Rights

6.1 Service Ownership

The Service, including all content, features, functionality, software, and design, is owned by BrandPulse and protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Your Data

You retain all rights to the data you input into the Service, including:

• Brand names and information
• Prompts and test queries
• Custom content
• Organizational data

By using the Service, you grant us a limited license to use your data solely for the purpose of providing the Service to you.

6.3 Aggregated Data

We may collect and use aggregated, anonymized data derived from your use of the Service for:

• Improving the Service
• Generating industry benchmarks and reports
• Research and development
• Marketing and promotional purposes

This aggregated data will not identify you or your organization.

7. Third-Party Services

7.1 AI Model Providers

BrandPulse integrates with third-party AI models including:

• OpenAI (GPT-4, GPT-4o, etc.)
• Anthropic (Claude)
• Google (Gemini)
• Perplexity AI
• Meta (Llama)
• xAI (Grok)
• DeepSeek
• Other AI providers as added

Your use of these AI models through our Service is subject to their respective terms of service and privacy policies. We are not responsible for the availability, accuracy, or content generated by these third-party services.

8. Data and Privacy

8.1 Data Collection

We collect and process data as described in our Privacy Policy, including:

• Account information
• Usage data
• Prompt and response data
• Analytics data
• Payment information

8.2 Data Security

We implement reasonable security measures to protect your data, but we cannot guarantee absolute security. You acknowledge that internet transmission is never completely secure.

8.3 Data Retention

We retain your data for as long as your account is active and for a reasonable period thereafter (typically 30-90 days) unless you request deletion or as required by law.

8.4 Data Portability

You may export your data at any time through the Service interface or by contacting support.

8.5 Data Deletion

You may request deletion of your data by:

• Deleting your account through account settings
• Contacting our support team
• Following the procedures outlined in our Privacy Policy

Upon deletion, your data will be removed from active systems within 30 days, though backups may be retained for up to 90 days.

9. AI-Generated Content Disclaimer

9.1 No Guarantee of Accuracy

AI models are probabilistic systems. We do not guarantee:

• The accuracy of AI-generated responses
• That brand mentions reflect actual quality or market position
• That AI outputs will remain consistent over time
• That recommendations will improve AI visibility

9.2 Your Responsibility

You are responsible for:

• Verifying the accuracy of AI-generated content
• Making independent business decisions based on Service data
• Complying with applicable laws when using AI-generated insights
• Not relying solely on AI outputs for critical business decisions

10. Warranties and Disclaimers

10.1 Service "As Is"

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
• Non-infringement
• Uninterrupted or error-free operation
• Accuracy or reliability of results

11. Limitation of Liability

11.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID US IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

11.2 Excluded Damages

WE WILL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions or data loss
• Third-party actions or content
• AI model outputs or changes
• Errors in scoring or analytics

12. Term and Termination

12.1 Term

These Terms remain in effect while you use the Service or have an active account.

12.2 Termination by You

You may terminate your account at any time by:

• Canceling your subscription through account settings
• Contacting customer support
• Following account deletion procedures

12.3 Termination by Us

We may suspend or terminate your account immediately, without notice, if:

• You violate these Terms
• You engage in fraudulent activity
• You abuse the Service or its resources
• We are required to do so by law
• Your payment fails or your account is past due
• We discontinue the Service

13. Dispute Resolution

13.1 Informal Resolution

Before filing a formal dispute, you agree to contact us at support@getbrandpulse.com to attempt to resolve the issue informally. We will respond within 30 days.

13.2 Binding Arbitration

If informal resolution fails, you and BrandPulse agree to resolve disputes through binding arbitration, except:

• Small claims court matters (under $10,000)
• Intellectual property disputes
• Violations of these Terms requiring equitable relief

14. Contact Information

For questions about these Terms, please contact us:

15. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.