These Terms of Service (this "Agreement") govern your access to and use of the Visibility AI websites, application, and answer-engine visibility and optimization platform (collectively, the "Service"), provided by VisibilityAI, LLC, a Delaware limited liability company ("VisibilityAI", "we", "us", or "our"). "You" or "Customer" means the individual or entity that creates an account or otherwise uses the Service, and its authorized users ("Users").
By accessing or using the Service, you confirm that you have read, understood, and agree to be bound by this Agreement and our Privacy Policy. If you are entering into this Agreement on behalf of an organization, you represent that you have authority to bind that organization. If you do not agree, do not use the Service.
You must provide accurate, current, and complete information when you create an account and keep it up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You must not share credentials or allow multiple people to use a single set of login details, and you must notify us promptly of any unauthorized access or use.
If you invite Users to your workspace, you are responsible for their compliance with this Agreement, for the roles and permissions you assign, and for any content they submit. Your designated administrator may manage access, permissions, and data for the workspace, including adding or removing Users.
You agree not to, and not to permit any User to:
We strive to keep the Service available but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or factors beyond our reasonable control. We may modify, add, or remove features over time. We provide support through the channels described on our website.
Paid access to the Service is sold on a subscription basis. Unless otherwise agreed in writing, subscription fees are billed in advance for the billing period you select (for example, monthly or annual) and are non-refundable except as required by law or as expressly stated in this Agreement. Subscriptions renew automatically for successive periods of the same length at the then-current rates unless cancelled before the renewal date.
Certain features consume "credits". Your plan includes a periodic credit allotment, and you may purchase additional credit packs. Plan credits are provided for the applicable billing period and, unless otherwise stated, do not roll over; purchased top-up credits do not expire while your account is active. Credits have no cash value, are non-transferable, and are non-refundable except as required by law.
You authorize us and our payment processor to charge your payment method for all applicable fees, including at each renewal. You are responsible for keeping your billing information current. If a charge fails or a payment is overdue, we may suspend or limit access to the Service after reasonable notice. You are responsible for any taxes (other than taxes on our net income); we will add such taxes where legally required.
We may offer a free trial. At the end of the trial, continued use requires a paid subscription. We may modify or discontinue trials at any time.
You may upgrade at any time; added charges apply at the then-current rates. Downgrades take effect at the next billing period and may reduce features or capacity. We may change pricing with reasonable notice, effective on your next renewal.
If you believe a charge is incorrect, contact us at hello@visibility.ai within thirty (30) days of the charge so we can review it.
This Agreement remains in effect while you use the Service. You may cancel your subscription at any time from your account; cancellation takes effect at the end of the current billing period, and you retain access until then. No refunds or credits are provided for the unused portion of a term except as required by law.
We may suspend or terminate your access, in whole or in part, if you breach this Agreement, fail to pay fees when due, or use the Service in a way that risks harm to us, other users, or third parties, or that violates law. Where practicable we will provide notice; where a threat is imminent we may act immediately.
Upon termination, your right to use the Service ends. For a limited period after termination (typically thirty (30) days), we will make your data available for export on request, after which we may delete it in accordance with our data-retention practices. Provisions that by their nature should survive termination will survive.
You retain all rights in the brands, prompts, URLs, credentials, drafts, and other content you or your Users submit to or generate in the Service ("Your Content"). You grant us a worldwide, non-exclusive, limited license to host, process, and use Your Content solely to provide, secure, maintain, and improve the Service and to carry out actions you request - including submitting your prompts to third-party AI engines and querying data providers to measure and improve your visibility. Our handling of personal information is described in our Privacy Policy.
We may collect and use aggregated or de-identified usage and performance data to operate, analyze, secure, and improve the Service. Any feedback or suggestions you provide may be used by us without restriction or obligation to you.
The Service, including all software, models, designs, text, and other materials (excluding Your Content), and all related intellectual-property rights, are and remain owned by us and our licensors. We grant you a limited, non-exclusive, non-transferable right to access and use the Service during the term, subject to this Agreement. This Agreement grants you no rights in our trademarks, logos, or branding.
The Service integrates with and relies on third parties, including AI answer engines (for example ChatGPT, Perplexity, Gemini, Google AI, Microsoft Copilot, and Claude), a payment processor, and data and infrastructure providers. Your use of the Service through these third parties may be subject to their own terms, and we do not control and are not responsible for their availability, performance, accuracy, or handling of data. We do not endorse or guarantee any third-party product or service.
Each party may receive non-public information from the other that is marked or should reasonably be understood to be confidential ("Confidential Information"). The receiving party will protect the other's Confidential Information using at least reasonable care and will not use or disclose it except as needed to perform under this Agreement or as required by law (with notice where legally permitted). Confidential Information does not include information that is or becomes public through no fault of the receiving party, was already known to it, is rightfully received from a third party, or is independently developed.
You represent that you have the right to submit Your Content and to authorize us to process it as described in this Agreement, and that your use of the Service will comply with applicable law.
The Service, including all metrics, scores, audits, recommendations, and AI-generated output, is provided "as is" and "as available," without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Answer-engine results and third-party data are inherently variable and probabilistic; our scores and recommendations are estimates and predictions, not guarantees of ranking, retrieval, citation, traffic, or business results. Output may be inaccurate or incomplete, and you are responsible for reviewing it and deciding how to use it. We do not warrant that the Service will be uninterrupted, secure, or error-free.
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, data, or goodwill, arising out of or relating to this Agreement or the Service, even if advised of the possibility of such damages.
To the maximum extent permitted by law, our total aggregate liability arising out of or relating to this Agreement or the Service will not exceed the amounts you paid us for the Service in the twelve (12) months preceding the event giving rise to the claim. These limitations form an essential basis of the bargain between the parties.
You will defend, indemnify, and hold harmless VisibilityAI and its affiliates, officers, and employees from and against any third-party claims, damages, liabilities, and reasonable expenses (including reasonable attorneys' fees) arising out of or related to Your Content, your use of the Service in violation of this Agreement or applicable law, or your breach of this Agreement.
This Agreement is governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Delaware for any dispute arising out of or relating to this Agreement or the Service, and waive any objection to venue in those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
We may update this Agreement from time to time. When we make material changes, we will post the updated Agreement here with a new "Last updated" date and, where appropriate, notify you. Continued use of the Service after changes take effect constitutes acceptance.
You may not assign this Agreement without our prior written consent, except that either party may assign it to an affiliate or successor in connection with a merger, acquisition, or sale of substantially all assets. Any other attempted assignment is void.
We may provide notices to you by email or through the Service. Legal notices to us must be sent to the address in Section 13.
Neither party is liable for any delay or failure to perform due to causes beyond its reasonable control, including natural disasters, outages, third-party service or hosting failures, governmental actions, or denial-of-service attacks.
We may identify you as a customer, including by name and logo, in our marketing materials, unless you notify us otherwise at hello@visibility.ai.
The parties are independent contractors. If any provision of this Agreement is held unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver. This Agreement, together with our Privacy Policy and any order form, is the entire agreement between the parties regarding the Service and supersedes prior agreements on the subject.
VisibilityAI, LLC (a Delaware limited liability company)
16192 Coastal Highway, Lewes, DE 19958
hello@visibility.ai