Terms of Use

These Terms of Use ("Terms") are a binding agreement between you and BrandAxis Inc., a company incorporated in the State of Delaware, United States ("BrandAxis", "we", "us", or "our"). They govern your access to and use of the BrandAxis platform, websites, dashboards, and related services (together, the "Service").

By creating an account, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Service. If you are using the Service on behalf of an organisation, you confirm that you have authority to bind that organisation, and "you" refers to that organisation.

You must be at least 18 years old, or the age of legal majority in your jurisdiction, and able to form a binding contract to use the Service.

• "Account" — the registered account through which you access the Service.
• "Workspace" — a competitive landscape inside the Service: a brand, its competitors, and the prompts tracked against them.
• "Prompt" — a question you monitor across AI models within the Service.
• "Input" or "Content" — any data, text, prompts, brand information, or materials you submit to the Service.
• "Plan" — the subscription or access tier you select, including the Free Plan.
• "AI Models" — third-party generative AI systems and answer engines (such as ChatGPT, Google AI Overviews, and Perplexity) that the Service observes and measures.

BrandAxis is an analytics and observability platform that helps you understand and improve how your brand appears in answers generated by AI Models. The Service identifies relevant prompts, measures responses across AI Models, tracks how often your brand and competitors are mentioned, analyses sentiment and positioning, and surfaces the sources those models cite.

The Service is a measurement and information tool. It is not professional, legal, financial, or marketing advice, and it does not guarantee any particular ranking, visibility, sentiment, traffic, or business outcome. Decisions you make based on the Service are your own responsibility.

Which AI Models are available depends on your Plan. Paid self-serve tiers track a defined set of core models; additional models are available on Enterprise terms. The set of AI Models we support may change over time as described in Section 9.

To use the Service you must register an Account and sign in. You agree to provide accurate, current, and complete information and to keep it up to date.

You are responsible for safeguarding your login credentials and for all activity that occurs under your Account. You must notify us promptly of any unauthorised use or suspected security breach. We are not liable for any loss arising from unauthorised use of your Account where you have failed to keep your credentials secure.

Each Account is for a single person or organisation. You may not share, sell, or transfer your Account, and you may not create multiple Accounts to circumvent Plan limits or our usage controls.

Paid plans

Paid Plans are billed in advance on a monthly or annual basis through our payment processor, Stripe. Fees are stated exclusive of any applicable taxes, which you are responsible for paying. Unless you cancel, paid Plans renew automatically at the end of each billing cycle at the then-current rate.

You can upgrade, downgrade, or cancel from your dashboard. Upgrades take effect immediately and are prorated; downgrades and cancellations take effect at the end of the current billing cycle. We may change our prices, and will give reasonable advance notice of any change before it applies to your next renewal.

Refunds

If you are on a monthly paid Plan and the Service is not working for you, contact us within 30 days of your first charge for that Plan and we will refund it. Annual plans and renewals are non-refundable except where required by law.

Free Plan

We may offer a Free Plan with limited features and usage. The Free Plan is provided as a courtesy, at our sole discretion. It is not guaranteed, carries no service commitments, and we may change, limit, suspend, or discontinue it — in whole or in part, for some or all users — at any time and without liability.

Access to the Free Plan requires you to sign in. Because providing the Free Plan has a real cost to us, we may suspend, throttle, reclaim, or close Free Plan Accounts that are inactive or not making genuine use of the Service, and we may turn off Free Plan access for such Accounts. We may also restrict or block Accounts that abuse the Free Plan, including by creating multiple or duplicate accounts, automating sign-ups, or attempting to circumvent Free Plan limits or our usage controls.

You agree to use the Service only for lawful purposes and in accordance with these Terms. You are responsible for your Inputs and must ensure they do not infringe any law or any third party's rights.

You must not:

• reverse engineer, decompile, copy, or attempt to extract the source code or underlying models of the Service, except to the extent this restriction is prohibited by law;
• scrape, resell, sublicense, or redistribute the Service or its data except as expressly permitted;
• circumvent, disable, or interfere with usage limits, rate limits, security, or access controls;
• create accounts by automated means or use the Service to build a competing product;
• probe, scan, or test the vulnerability of the Service, or breach any security or authentication measures;
• upload unlawful, infringing, or malicious content, or use the Service to harass, defame, or harm others.

We may investigate suspected violations and may suspend or terminate access for conduct we reasonably believe breaches this section.

As between you and us, you own your Inputs. You grant BrandAxis a worldwide, non-exclusive licence to host, process, and use your Inputs solely to operate, maintain, secure, and improve the Service and to provide it to you.

We do not use your prompts, brand data, or results to train AI models. We pay model providers for the queries we run on your behalf.

Our collection and handling of personal data is described in our Privacy Policy. Where we process data through third parties (for example Stripe, Auth0, Vercel, Amazon Web Services, NeonDB, Cloudflare, and Amazon SES), we do so to deliver the Service.

The Service, including all software, models, designs, text, graphics, and the BrandAxis name and logos, is owned by BrandAxis or its licensors and is protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the Service for your internal business or personal use, subject to these Terms.

Any feedback or suggestions you provide may be used by us without restriction or obligation to you.

We are continuously developing the Service. We may add, change, suspend, or remove features, models, metrics, or functionality at any time, and we may set or adjust usage limits. We will try to give reasonable notice of material changes that significantly reduce core functionality, but we are not obliged to maintain any specific feature.

We provide the Service on a commercially reasonable, best-effort basis. We do not guarantee that the Service will be uninterrupted, error-free, complete, or available at any particular time, and self-serve Plans do not carry an uptime service-level guarantee.

Dependence on third-party AI models

The Service measures and reports on AI Models that are operated by third parties and are outside our control. These models — and the answer engines, APIs, and platforms behind them — change frequently and without notice: they may alter their outputs, restrict or remove access, change pricing, block automated measurement, or be discontinued entirely. BrandAxis operates in this adversarial, constantly shifting environment.

As a result, the Service's coverage, accuracy, metrics, model availability, and results may change, degrade, be delayed, or become unavailable at any time due to factors upstream of us. You acknowledge and agree that we are not responsible or liable for changes in, decisions by, or the conduct of any third-party AI Model or platform, or for any effect those changes have on the Service or on your results.

The Service relies on and links to third-party services, including AI Model providers, payment processing, authentication, and cloud infrastructure. We are not responsible for the availability, accuracy, content, policies, or practices of third-party services, and your use of them may be subject to their own terms.

To the maximum extent permitted by law, the Service is 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, accuracy, and non-infringement.

We do not warrant that the Service will meet your requirements, that results or measurements will be accurate or reliable, or that any defects will be corrected.

To the maximum extent permitted by law, BrandAxis and its officers, directors, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or relating to your use of (or inability to use) the Service, even if we have been advised of the possibility of such damages.

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the total fees you paid to BrandAxis in the twelve (12) months before the event giving rise to the claim, or (b) USD 100.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. Nothing in these Terms excludes liability that cannot be excluded by law.

You agree to indemnify and hold harmless BrandAxis and its officers, directors, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your Inputs, your use of the Service, or your breach of these Terms or of any law or third-party right.

These Terms apply for as long as you use the Service. You may stop using the Service and close your Account at any time.

We may suspend or terminate your access immediately if you breach these Terms, fail to pay fees due, use the Service in a way that creates risk or legal exposure, or as otherwise described in these Terms (including the Free Plan provisions in Section 5).

On termination, your right to use the Service ends. Sections that by their nature should survive — including ownership, disclaimers, limitation of liability, indemnification, and governing law — will survive. Where reasonably practicable, we will make your data available for export for a limited period after termination of a paid Plan.

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice — for example by email or through the Service — before they take effect. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service.

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. You and BrandAxis agree to the exclusive jurisdiction of the state and federal courts located in Delaware for any dispute not subject to informal resolution.

Before filing a claim, you agree to first contact us and attempt to resolve the dispute informally in good faith.

These Terms, together with our Privacy Policy and any plan-specific or order terms, are the entire agreement between you and BrandAxis regarding the Service. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for failure to perform due to events beyond its reasonable control.

Questions about these Terms can be sent to legal@brandaxis.ai.

BrandAxis Inc. — [REGISTERED ADDRESS], Delaware, United States.