Terms of Service

Last updated: January 1, 2025

Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of the BrandMentions AI website and services ("Services") operated by BrandMentions AI ("Company," "we," "our," or "us"). By accessing or using our Services, you agree to be bound by these Terms.

If you do not agree to these Terms, you may not access or use our Services. If you are using the Services on behalf of a company or organization, you represent that you have authority to bind that entity to these Terms.

Description of Services

BrandMentions AI provides brand mention and citation services designed to increase brand visibility in AI search platforms. Our Services include:

  • Strategy development for AI search visibility
  • Brand mention placement on third-party publications
  • Campaign monitoring and reporting
  • Related consulting and advisory services

Specific deliverables, timelines, and pricing are defined in individual service agreements between the Company and clients.

User Accounts

Some features of our Services may require you to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

  • Provide accurate and complete information when creating your account
  • Update your information to keep it current
  • Notify us immediately of any unauthorized use of your account
  • Not share your account credentials with others

Client Engagements

Client engagements for brand mention services are governed by separate service agreements that define:

  • Scope of services and deliverables
  • Pricing and payment terms
  • Campaign timelines and milestones
  • Performance metrics and reporting
  • Termination and refund policies

In case of conflict between these Terms and a specific service agreement, the service agreement shall govern for that engagement.

Payment Terms

For paid services:

  • Fees are as specified in your service agreement
  • Payment is due according to the schedule in your agreement (typically monthly in advance)
  • All fees are in US dollars unless otherwise specified
  • Late payments may incur interest charges and service suspension
  • You are responsible for all applicable taxes

Intellectual Property

Our Intellectual Property

The Services, including all content, features, and functionality (including but not limited to text, graphics, logos, and software), are owned by the Company and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our prior written consent.

Your Content

You retain ownership of content you provide to us (such as brand guidelines, logos, and marketing materials). By providing content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and display such content solely for the purpose of providing the Services.

Brand Mentions

Brand mentions placed on third-party publications become part of those publications' content. We do not claim ownership of the editorial content in which your brand appears. The publications retain their own rights to their content.

Acceptable Use

You agree not to:

  • Use the Services for any unlawful purpose or in violation of any applicable laws
  • Provide false or misleading information about your brand or products
  • Attempt to interfere with or disrupt the Services or servers
  • Circumvent any security measures or access restrictions
  • Use the Services to transmit malware or harmful code
  • Engage in any activity that could damage our reputation or relationships with publication partners
  • Resell or redistribute the Services without authorization

Disclaimers

No Guaranteed Results

While we work diligently to improve your brand's visibility, we cannot guarantee specific outcomes including but not limited to:

  • Placement on specific named publications
  • Appearance in AI model responses or recommendations
  • Specific ranking positions or visibility metrics
  • Business outcomes such as leads, sales, or revenue increases

AI model behavior is determined by the AI providers and is outside our control. We provide the inputs (brand mentions) but cannot guarantee the outputs (AI recommendations).

Third-Party Publications

Brand mentions are placed on third-party publications that we do not own or control. We are not responsible for:

  • Editorial decisions made by publications
  • Changes or removals of content by publications
  • The accuracy or quality of other content on those publications
  • Technical issues or downtime affecting publication websites

Service Availability

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to or use of (or inability to access or use) the Services
  • Any conduct or content of third parties on or through the Services
  • Any content obtained from the Services
  • Unauthorized access, use, or alteration of your content

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

  • Your access to or use of the Services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any content or information you provide to us

Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including breach of these Terms.

For client service agreements, termination terms are specified in the individual agreement. Generally:

  • Either party may terminate with written notice as specified in the agreement
  • We may terminate immediately for material breach or non-payment
  • Upon termination, you will receive final reporting on campaign activities
  • Fees paid prior to termination are generally non-refundable

Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

Any dispute arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware, and the decision of the arbitrator shall be final and binding.

You agree to resolve disputes with us on an individual basis and waive any right to participate in class actions or class arbitrations.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Entire Agreement

These Terms, together with any applicable service agreements and our Privacy Policy, constitute the entire agreement between you and the Company regarding the Services and supersede all prior agreements and understandings.

Contact Information

Questions about these Terms should be directed to:

BrandMentions AI
Email: legal@brandmentions.link
Website: https://brandmentions.link/