These Terms of Service ("Terms") govern your access to and use of the AI Visibility platform, websites, reports, analytics, software, tools, Pulse Reports and other related services (collectively, the "Services") provided by Gen3 Marketing LLC ("Company," "we," "our," or "us"). These Terms apply to all users of the Services ("Customer"), unless the Company and Customer have entered into a separate executed AI Visibility services agreement, order form, or similar written agreement, in which case such agreement shall govern to the extent of any conflict with these Terms.
By clicking "I Agree," creating an account, purchasing a subscription, obtaining a Pulse Report, accessing, or using the Services, Customer agrees to be bound by these Terms. If an individual accepts these Terms on behalf of a company, organization, or other legal entity, such individual represents and warrants that he or she has authority to bind such entity to these Terms and references to "Customer" shall mean such entity.
If Customer does not agree to these Terms, Customer may not access or use the Services.
Customer's use of the Services is also subject to the Company's Privacy Policy, Data Processing Addendum (where applicable), and Subprocessor List, each of which is incorporated into these Terms by reference. The Privacy Policy governs the Company's external privacy disclosures, and the Data Processing Addendum governs the processing of Personal Information to the extent applicable. In the event of a conflict, the Data Processing Addendum controls with respect to the processing of Personal Information, and any separate executed services agreement or order form controls over these Terms to the extent of the conflict.
a. "AI Providers" means third-party artificial intelligence platforms, models, and services that the Services query, integrate with, or rely upon to generate Output.
b. "Customer Data" means content, prompts, keywords, domains, account information, brand information, competitor information, and other data or materials submitted to or made available through the Services by or on behalf of Customer.
c. "Output" means materials generated by the Services, including AI-provider responses collected during scans, extracted signals, reports, scores, recommendations, and analytics generated through the Services.
d. "Pulse Report" means a visibility report generated through the Services that may include analytics, scores, brand and competitor insights, citation analysis, recommendations, benchmarking data, and other Output. The content and features of any Pulse Report may vary based on the applicable subscription plan.
e. "Services" means access to and use of the Company's AI Visibility platform, including analytics, reports, scoring methodologies, Pulse Reports, Visibility Token functionality, and outputs generated through AI Providers.
f. "Usage Data" means technical, diagnostic, performance, usage, benchmarking, and analytics data relating to the operation, performance, security, and use of the Services, in each case in aggregated or de-identified form that does not identify Customer or disclose Customer's Confidential Information.
g. "Visibility Tokens" means the unit of measurement used by the Company to quantify usage of the Services, including scans, queries, and interactions with AI Providers.
We provide software as a service. The Services provide artificial intelligence-powered tools and analytics designed to evaluate, monitor, and improve digital visibility across AI-driven search, recommendation, and discovery platforms.
The Services may include Pulse Reports, Visibility Tokens, subscription-based reporting, visibility scoring, benchmarking, recommendations, analytics, APIs, and other features made available by the Company. The content, scope, frequency, token allotments, and features of the Services may vary based on the Customer's selected subscription plan. The Company may modify, enhance, suspend, limit, or discontinue features, functionality, Pulse Reports, Visibility Token allocations, AI Providers, or components of the Services; provided that material adverse changes to core paid plan features, pricing, or Visibility Token allotments will be communicated in advance where commercially reasonable and will apply no earlier than the next renewal term, unless an earlier change is required for legal, security, operational, or AI Provider-related reasons. Features designated as beta, pilot, preview, evaluation, or similar pre-release functionality may be modified, suspended, or discontinued at any time and may be subject to reduced support, limited availability, additional usage limits, or other restrictions communicated by the Company.
Customer agrees to provide accurate, current and complete account information, including but not limited to complete billing address and to maintain such information throughout Customer's use of the Services. Customer is responsible for maintaining the confidentiality of account credentials and for all activity occurring under Customer's account. Customer shall promptly notify the Company of any unauthorized access to or use of Customer's account.
The Services may be offered on a monthly or annual subscription basis, as selected by Customer during the online registration, order, or purchase process. Monthly subscriptions automatically renew for successive monthly terms, and annual subscriptions automatically renew for successive annual terms, unless canceled in accordance with these Terms.
BY PURCHASING A SUBSCRIPTION, CUSTOMER AUTHORIZES THE COMPANY TO CHARGE CUSTOMER'S DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR EACH RENEWAL TERM UNTIL THE SUBSCRIPTION IS CANCELED IN ACCORDANCE WITH THESE TERMS. CUSTOMER IS RESPONSIBLE FOR MAINTAINING CURRENT PAYMENT INFORMATION AND AUTHORIZES THE COMPANY OR ITS PAYMENT PROCESSOR TO RETRY FAILED PAYMENTS AS PERMITTED BY LAW.
Customer may cancel a subscription at the end of the then-current term through the account settings available within the Services or by providing at least thirty (30) days' prior written notice to the Company. Any cancellation shall become effective upon expiration of the then-current subscription term. Monthly subscriptions shall remain active through the end of the applicable monthly term, and annual subscriptions shall remain active through the end of the applicable annual term.
Subscription fees, Visibility Token allotments, usage limits, and applicable pricing are displayed within the Services and incorporated into these Terms by reference. Subscription fees are payable in advance, with monthly subscriptions billed one (1) month in advance and annual subscriptions billed one (1) year in advance. Customer authorizes the Company to charge Customer's designated payment method for all fees, applicable taxes, and authorized overage charges. The Company shall collect and remit applicable sales and use taxes; provided, however, that if Customer qualifies for a tax exemption, Customer shall provide the applicable exemption documentation, and any exemption shall apply only upon the Company's acceptance thereof. All fees are non-refundable and non-cancelable except as required by applicable law, and no refunds, credits, or prorated reimbursements shall be provided for any unused portion of a subscription term. The Company may suspend Customer's access to the Services if any payment is not received when due and may terminate access for continued non-payment. The Company may modify pricing for future subscription terms upon notice through the Services or other reasonable electronic notice.
The Services utilize Visibility Tokens to measure and allocate usage. Each scan, query, report generation, or other designated activity performed through the Services may consume Visibility Tokens. Visibility Token consumption may vary based on the AI Provider, model, search-grounding functionality, reporting features, or query type utilized. Each subscription plan includes the applicable Visibility Token allotment displayed within the Services.
Unless expressly stated otherwise, unused Visibility Tokens expire at the end of the applicable billing period and do not roll over. Where overage functionality is available and enabled by Customer or an authorized account administrator, usage exceeding the applicable Visibility Token allotment shall be charged at the then-current overage rates displayed within the Services. Customer remains responsible for monitoring usage. If overage functionality is not enabled, scans, reports, or queries that would exceed the available Visibility Token allotment may be rejected, delayed, suspended, or otherwise not processed until additional capacity is purchased.
Customer shall not:
a. Use the Services in violation of any applicable law;
b. Use the Services to create, develop, benchmark, train, market, or support a competing product or service;
c. Copy, modify, adapt, translate, distribute, or create derivative works of the Services;
d. Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, algorithms, or underlying architecture;
e. Circumvent security measures, access controls, usage limitations, or billing mechanisms;
f. Interfere with or disrupt the operation of the Services;
g. Use the Services in any manner not expressly permitted by these Terms;
h. Submit sensitive personal information, payment card information, protected health information, children's information, government identifiers, or other regulated data unless expressly permitted in writing by the Company;
i. Upload or transmit malicious code, harmful instructions, unlawful content, or content that infringes, misappropriates, or violates any third-party right;
j. Conduct or facilitate penetration testing, vulnerability scanning, or load testing of the Services or any related infrastructure, or use any bot, spider, crawler, scraper, or other automated means to access, index or collect data from the Services except through interfaces expressly provided for that purpose;
k. Attempt to manipulate, evade, or bypass any AI Provider policy, model restriction, safety control, usage limit, or other technical protection used in connection with the Services; or
l. Use the Services in a manner that violates any applicable AI Provider terms, policies, or restrictions communicated to Customer or made available through the Services.
Customer retains ownership of Customer Data and other content, prompts, keywords, domains, and information submitted through the Services. As between the parties, Customer owns Output generated using Customer's content and data. Customer grants the Company a non-exclusive, worldwide, royalty-free license to host, copy, process, transmit, display, analyze, and otherwise use Customer Data and Output as reasonably necessary to provide, operate, maintain, secure, support, and improve the Services and to exercise the Company's rights under these Terms. Customer is solely responsible for Customer Data and represents and warrants that Customer has all rights, permissions, and consents necessary to submit Customer Data to the Services and to authorize the Company to use Customer Data as contemplated by these Terms. The Company may collect, generate, and use Usage Data for business, product, security, analytics, benchmarking, and service-improvement purposes, provided that Usage Data does not identify Customer or disclose Customer's Confidential Information.
The Company retains all right, title, and interest in and to the Services, including all software, algorithms, methodologies, models, visibility scoring systems, interfaces, documentation, trademarks, trade secrets, and intellectual property rights. Except for the limited right to access and use the Services during an active subscription term, no rights are granted to Customer.
If Customer provides suggestions, recommendations, ideas, comments, or feedback regarding the Services, Customer grants the Company a perpetual, irrevocable, worldwide, royalty-free right to use, modify, incorporate, and exploit such feedback without restriction or compensation.
Each party (as "Receiving Party") may receive non-public information from the other party (as "Disclosing Party") that is designated as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure ("Confidential Information"). Each party shall use the other party's Confidential Information only to perform or receive the Services and shall protect it using at least the same degree of care it uses to protect its own confidential information, but no less than reasonable care. Confidential Information does not include information that the receiving party can demonstrate is publicly available without breach of these Terms, was lawfully known before disclosure, is lawfully received from a third party without confidentiality obligations, or is independently developed without use of the disclosing party's Confidential Information. A receiving party may disclose Confidential Information to its employees, contractors, professional advisers, and service providers who need to know such information and are bound by confidentiality obligations at least as protective as these Terms, or as required by law if the receiving party provides reasonable notice where legally permitted. The confidentiality obligations in this section survive termination of these Terms.
a. AI DISCLAIMER. THE SERVICES RELY ON ARTIFICIAL INTELLIGENCE TECHNOLOGIES AND AI PROVIDERS. OUTPUTS ARE PROBABILISTIC IN NATURE AND MAY BE INACCURATE, INCOMPLETE, INCONSISTENT, MISLEADING, DUPLICATIVE, OR OUTDATED. CUSTOMER IS SOLELY RESPONSIBLE FOR EVALUATING, VERIFYING, AND VALIDATING ANY OUTPUT BEFORE RELYING UPON IT OR TAKING ACTION BASED ON IT. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, FITNESS, LEGALITY, OR SUITABILITY OF ANY OUTPUT, AND THE COMPANY DOES NOT GUARANTEE ANY IMPROVEMENT IN AI SEARCH VISIBILITY, AI-PROVIDER RESPONSES, CITATIONS, RANKINGS, RECOMMENDATIONS, TRAFFIC, REVENUE, CONVERSIONS, BRAND SENTIMENT, COMPETITIVE POSITION, OR OTHER MARKETING OR BUSINESS OUTCOME.
b. Third-Party AI Providers. The Services depend upon AI Providers whose availability, pricing, content policies, service levels, and model behavior are beyond the Company's control. AI Providers may be added, removed, modified, restricted, degraded, or discontinued at any time. Interruptions, outages, content restrictions, policy changes, or other limitations of AI Providers shall not constitute a failure of the Services. Customer authorizes the Company to transmit Customer Data, prompts, queries, domains, keywords, Output, and related information to AI Providers and other service providers as reasonably necessary to provide, operate, support, secure, and improve the Services.
THE SERVICES, PULSE REPORTS, OUTPUTS, ANALYTICS, REPORTS, CONTENT, VISIBILITY SCORES, RECOMMENDATIONS, AND ALL RELATED FEATURES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, PERFORMANCE, RESULTS OBTAINED FROM USE OF THE SERVICES, AND RESULTS OBTAINED FROM CUSTOMER'S RELIANCE ON ANY OUTPUT, PULSE REPORT, VISIBILITY SCORE, RECOMMENDATION, OR ANALYTIC.
Customer agrees to defend, indemnify, and hold harmless the Company and its affiliates, officers, directors, employees, contractors, successors, and agents from and against any claims, damages, liabilities, losses, costs, expenses, and reasonable attorneys' fees arising out of or relating to:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, DAMAGE TO REPUTATION, OR RELIANCE ON OUTPUT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES EXCEED THE TOTAL AMOUNTS PAID BY CUSTOMER TO THE COMPANY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NOTHING IN THESE TERMS LIMITS LIABILITY TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW.
The Company may suspend or terminate Customer's access to the Services immediately if:
Upon termination, all rights granted to Customer under these Terms shall immediately cease, Customer shall stop accessing and using the Services, and Customer shall pay all fees and charges accrued through the effective date of termination. The Company may delete Customer Data after termination in accordance with its standard retention practices, the Privacy Policy, and any applicable Data Processing Addendum, subject to legal, compliance, backup, and archival requirements. Sections that by their nature should survive termination, including payment obligations, ownership, feedback, confidentiality, disclaimers, indemnification, limitation of liability, governing law, dispute-resolution provisions, and miscellaneous provisions, shall survive termination.
The Company's collection, use, disclosure, storage, and processing of information are governed by the Privacy Policy, Data Processing Addendum (where applicable), and Subprocessor List, each of which is incorporated into these Terms by reference.
The Company may modify the Services, subscription plans, Visibility Token allotments, functionality, pricing, features, AI Providers, and these Terms from time to time. Updated Terms will become effective upon posting or as otherwise communicated by the Company. Material changes to these Terms for paid subscriptions will apply no earlier than the next renewal term unless an earlier effective date is required for legal, security, operational, AI Provider-related, or compliance reasons. Continued use of the Services after the effective date of an update constitutes acceptance of the revised Terms.
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflict of law principles. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Pennsylvania for any dispute arising out of or relating to these Terms or the Services. EACH PARTY WAIVES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.
a. Entire Agreement; Severability. These Terms constitute the entire agreement between Customer and the Company concerning the Services and supersede all prior or contemporaneous agreements relating to the Services, except for any separate executed services agreement, order form, Data Processing Addendum, or other agreement expressly incorporated by reference. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
b. Waiver; Assignment. The Company's failure to enforce any provision of these Terms shall not constitute a waiver of its rights. Customer may not assign these Terms without the Company's prior written consent. The Company may assign these Terms without restriction in connection with a merger, acquisition, reorganization, sale of assets, change of control, or by operation of law.
c. Notices. Notices may be provided through the Services, by email, or by other reasonable electronic means unless a different method is required by applicable law or an applicable order form.
d. Publicity. The Company may use Customer's name in marketing materials and identify Customer as a customer in ordinary-course customer lists unless Customer provides written notice expressly prohibiting such use.
e. Relationship of the Parties. The parties are independent contractors. Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between the parties, and neither party has the authority to bind the other or incur obligations on the other's behalf.
f. Third-Party Beneficiaries. These Terms do not confer any rights or remedies on any person or entity other than the parties and their permitted successors and assigns, except that the Company's licensors, AI Providers, and affiliates are intended third-party beneficiaries of the disclaimers, limitations of liability, and indemnification provisions.
g. Force Majeure. Neither party will be liable for any delay or failure to perform any obligation under these Terms (other than payment obligations) to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, labor disputes, government actions, power or telecommunications failures, or AI Provider outages or disruptions.
h. Export Controls. Customer represents and warrants that Customer is not located in, under the control of, or a national or resident of any country subject to U.S. embargo or other applicable trade restrictions, and is not on any U.S. or other applicable government restricted-party list. Customer shall not use, export, re-export, or transfer the Services in violation of any applicable export control, sanctions, or trade laws.
i. Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.