Terms of Service

1. Eligibility and Accounts

You may use the Service only if you are a business user acting on behalf of a company, brand, or organization and have the authority to bind that entity to these Terms. By creating an account, you represent and warrant that you are at least 18 years old and are using the Service for business purposes.

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must promptly notify us of any unauthorized use or security breach.

2. Service Description

Everrate is an AI visibility and AI search optimization platform that helps marketing and growth teams track, analyze, and improve their brand presence across AI platforms and AI-powered search experiences. The Service includes core analytics, workflows, content-generation tools, and multi-brand workspaces that enable teams to understand and act on how AI systems mention, cite, and describe their brands and products.

We may update or modify the Service from time to time, including adding, changing, or removing features. If we make material changes, we will provide notice where required by law.

3. Free Trial and Subscriptions

We may offer a free trial of the Service for a limited period (for example, seven days). Unless otherwise stated, you will not be charged during the free trial. At the end of the trial, your subscription will automatically convert to a paid plan, and you authorize us to charge the applicable subscription fees.

Paid subscriptions renew automatically on a recurring basis (for example, every 30 days from the subscription date) until cancelled. You may cancel at any time through your account settings. When you cancel, your subscription will remain active until the end of the then-current billing period, and you will not be charged for future periods.

Unless required by law, subscription fees are non-refundable and non-creditable. We may, at our sole discretion, choose to issue goodwill refunds or credits on a case-by-case basis, but we are not obligated to do so.

4. Customer Data and Privacy

"Customer Data" means any data, content, prompts, brand assets, or other information you or your users submit to the Service or connect to the Service via integrations. You retain all rights, title, and interest in and to your Customer Data.

You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, analyze, and display Customer Data as reasonably necessary to provide, maintain, secure, and improve the Service and to comply with applicable law.

We may generate aggregated and anonymized data derived from Customer's use of the Service ("Aggregated Data"). Aggregated Data will not identify you or your users and may be used by us for analytics, benchmarking, product improvement, and other legitimate business purposes.

5. Acceptable Use

You agree not to misuse the Service. You will not, and will not permit others to:

• Use the Service in violation of any applicable law, regulation, or third-party rights (including privacy, publicity, and intellectual property rights).
• Use the Service to generate, distribute, or promote harmful, deceptive, fraudulent, misleading, or abusive content, including fake reviews, impersonation, or undisclosed sponsored content.
• Attempt to interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure, including bypassing technical limitations or security controls.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any part of the Service, except to the extent permitted by law.
• Access the Service to build a competing product or service or to copy any features, functions, or user interface of the Service.

6. Multi-Brand and Agency Use

The Service supports use across multiple brands, products, or business units and may be used by agencies or partners managing clients. Unless otherwise agreed in writing, the contracting customer is responsible for:

• All activity occurring under its account, including activity by employees, contractors, and agency or client users to whom it grants access.
• Ensuring that all such users comply with these Terms and any applicable laws.
• Managing permissions and access to workspaces and brand-level data within the Service.

7. Intellectual Property

We and our licensors own all rights, title, and interest in and to the Service, including all software, interfaces, designs, graphics, models, insights, and documentation, as well as all improvements, modifications, and derivative works thereof. Except for the limited rights expressly granted to you under these Terms, no other rights are granted.

Subject to your compliance with these Terms and payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service for your internal business purposes during the applicable subscription term.

8. Third-Party Services and Integrations

The Service may depend on or interoperate with third-party services, platforms, data sources, and providers (including, for example, AI model providers, analytics tools, and hosting providers).

Your use of any third-party services is subject to their separate terms and privacy policies. We are not responsible for third-party services, their availability, or their handling of your data. We may enable, disable, or change integrations at any time.

9. AI Outputs and Decision-Making

The Service uses AI and other automated systems to analyze Customer Data and external information and to generate insights, content, and recommendations (collectively, "AI Outputs"). AI Outputs may be inaccurate, incomplete, or may not reflect the most current information about your brand, competitors, or market.

You are solely responsible for reviewing, evaluating, and validating AI Outputs before relying on them or using them in your marketing, communications, or business decisions. The Service is designed as a decision-support tool and does not replace your own judgment or that of your professional advisors.

You must not use AI Outputs in any context where inaccurate or incomplete information could cause significant harm, including without limitation medical, legal, financial, or safety-critical decisions.

10. Term, Suspension, and Termination

These Terms apply for as long as you access or use the Service or have an active subscription. We may suspend or terminate your access to the Service if you materially breach these Terms, fail to pay fees when due, or use the Service in a way that risks harm to us, the Service, or others.

We will use reasonable efforts to provide notice of any suspension or termination where practicable. Suspension or termination will not relieve you of your obligation to pay any fees owed up to the effective date of termination.

11. Data Export and Deletion

Upon termination or expiration of your subscription, we may provide a limited period (for example, 30 days) during which you may export certain Customer Data from the Service, subject to the available export capabilities at that time.

After this export period, we may delete or anonymize Customer Data from our active systems, except to the extent we are required or permitted to retain it under applicable law, to enforce our rights, or for legitimate business purposes such as security, backup, or audit.

12. Disclaimers

To the maximum extent permitted by law, the Service and all AI Outputs, insights, and content provided through the Service are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy.

We do not warrant that the Service will be uninterrupted, secure, or error-free, or that it will meet your performance or outcome expectations. You acknowledge that the use of AI involves inherent limitations and that results may vary.

13. Limitation of Liability

To the maximum extent permitted by law, in no event will we be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenues, goodwill, or data, arising out of or in connection with the Service or these Terms, even if we have been advised of the possibility of such damages.

Our aggregate liability for all claims arising out of or related to the Service or these Terms will not exceed the total amount of fees you paid to us for the Service giving rise to the claim during the 12-month period preceding the event giving rise to the claim. If you are using the Service under a free plan or free trial, our aggregate liability will not exceed one hundred U.S. dollars (USD $100).

14. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or in connection with the Service will be governed by and construed in accordance with the laws of the United States and, where applicable, the laws of the state in which we are organized, without regard to its conflict of laws principles.

Any legal action or proceeding arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in the relevant state in the United States, and you and we consent to the personal jurisdiction and venue of those courts.

15. Marketing and Publicity

Unless you notify us in writing otherwise, you grant us permission to use your name and logo to identify you as a customer of Everrate on our website, in customer lists, pitch materials, and similar marketing collateral. You may withdraw this permission at any time by contacting us, and we will use reasonable efforts to stop further use on a go-forward basis.

16. Beta and Experimental Features

From time to time, we may offer access to features or products identified as beta, preview, or experimental. Such features may be offered at no charge, may be subject to additional terms, and may be modified or discontinued at any time. Beta and experimental features are provided without any service level commitments and may be less stable or reliable than the core Service.

17. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice by posting the updated Terms on our website and updating the "Last updated" date, and, where required, by additional means. Your continued use of the Service after the updated Terms become effective constitutes your acceptance of the changes.