[Draft for lawyer review. Nothing on this page is in force yet.]
These terms are an agreement between you and [LEGAL NAME], [LEGAL ENTITY], of Btzier 50, Karmiel, Israel ("Aivting", "we", "us"). They apply when you create an account or use Aivting. If you use Aivting for an organisation, you accept these terms on its behalf and confirm you are allowed to do so; "you" then means that organisation.
The service
Aivting tracks how AI answers mention brands. You choose prompts (questions a buyer might ask), your brand and competitors. Aivting collects answers to those prompts from AI services such as ChatGPT and Google's AI features, checks them for the brands you track, and shows the results with the answers behind them. The AI services available to you are those listed for your plan on our pricing page at the time you subscribe. [CONFIRM: engines live at launch.]
Who can use Aivting
Aivting is built for business use: agencies, marketing teams and professionals using it for their work. You must be at least 18. [LAWYER REVIEW: if freelancers or sole traders sign up, some consumer-protection rules may still apply to them; nothing in these terms takes away rights the law gives you and that cannot be waived.]
Accounts and workspaces
- Keep your login details safe. You are responsible for activity in your account.
- Each workspace has an owner who controls who has access to it. People can also be added to a single project (see "Members and roles").
- Seats are for named individuals and cannot be shared. Viewers do not count toward the user limit on Agency Lite and Agency Pro.
- Give us accurate details and keep your email address current, so we can reach you about your account and billing.
Members and roles
- You can invite people to a project as an owner, editor or viewer. The app shows what each role can do. Viewers can see everything in the project, including AI answers, but can't change anything or start runs. [CONFIRM: final role matrix]
- Invite only people who are allowed to see the project's data, such as your colleagues or your client. We don't email invitations: you send the invite link yourself. It works only for the email address you entered and expires after [CONFIRM: 7] days.
- Everyone needs their own account and must accept these terms. You are responsible for the people you invite and for what they do in your projects. A project owner can change roles or remove people at any time, and removed people lose access right away.
- If you join a project that belongs to another customer, that customer controls the project and its data. These terms still apply to your own use of Aivting.
- If a customer's account ends, the people it invited lose access to its projects, and its share links stop working. [CONFIRM: build behaviour]
Logos and files you upload
- You can upload a logo, yours or your client's, to show on a project's reports and share links. You confirm that you own the logo or have its owner's permission to use it this way. Don't upload the logo of a brand you don't represent, such as a competitor you track.
- You keep your rights in your logos. You give us a limited, non-exclusive, royalty-free permission to store, resize and display them only to provide these features to you. We won't use your logo or your client's logo in our marketing without written permission.
- If we receive a credible complaint that an uploaded file infringes someone's rights, we may remove it, and we will tell you. To report a file, email hello@aivting.com. [LAWYER REVIEW]
Plans, billing and renewal
- Plans, prices and limits (such as the number of prompts, engines, brands, competitors, seats and how often prompts run) are shown on our pricing page.
- Payments are processed by Lemon Squeezy, which sells Aivting to you as our reseller and merchant of record. Lemon Squeezy's own buyer terms apply to the payment itself, and it calculates and collects any sales tax or VAT at checkout. If anything in these terms conflicts with Lemon Squeezy's buyer terms about the payment transaction, Lemon Squeezy's terms apply to that transaction. [LAWYER REVIEW; CONFIRM: Lemon Squeezy live.]
- Subscriptions renew automatically at the end of each billing period (monthly or yearly, whichever you chose at checkout), at the price in effect then, until you cancel. We show the price, billing period and renewal terms at checkout before you pay.
- Price changes: we will tell you by email at least [PLACEHOLDER: 30] days before a new price applies to your subscription. The new price applies from your next renewal after that notice. If you don't want it, cancel before then. [LAWYER REVIEW: Israeli Standard Contracts Law, unilateral price changes.]
- Limits: if you reach a plan limit, you can't add more until you remove one or change your plan. We do not charge overage fees unless you choose to upgrade. [CONFIRM]
- Upgrades and downgrades: [CONFIRM: how proration works in Lemon Squeezy].
Cancellation and refunds
- You can cancel at any time in your account settings [CONFIRM: cancel button in-app / Lemon Squeezy customer portal], the same way you signed up, without contacting us. We confirm cancellation by email.
- You can also cancel by emailing hello@aivting.com from the address on your account. The cancellation counts from the day we receive your email, even if our reply comes later.
- After you cancel, your plan stays active until the end of the period you have paid for, and it does not renew.
- Refunds: If Aivting isn't right for you, email us within 14 days of your first payment for a subscription and we will refund that payment in full. This applies to the first payment of a monthly or a yearly plan. After those 14 days, payments are non-refundable, including for partial months or years and for unused prompts, but you can cancel at any time and you won't be charged again. If you upgrade, the 14 days don't restart. We issue refunds through Lemon Squeezy, our merchant of record, to your original payment method. Your bank may take up to 10 days to show it.
- Yearly renewals: When we have your email address, we email you before a yearly plan renews. If you forget to cancel and email us within 14 days of the renewal charge, we will refund it, as long as the plan hasn't been used since the renewal date. [LAWYER REVIEW: definition of "used"; simpler alternative: "…within 14 days of the renewal charge, we will refund it in full."]
- This section does not limit any right to cancel or get a refund that the law gives you and that cannot be waived. [LAWYER REVIEW]
Acceptable use
You agree not to:
- break the law, or track prompts designed to collect sensitive personal data about individuals;
- try to access another customer's workspace or data, probe or break our security, or get around plan limits;
- resell, sublicense or redistribute Aivting's data or AI answers as a data set or data product of your own, or publish AI answers in full or in bulk (sharing reports, share links and exports with your clients as part of your own services is allowed);
- use Aivting or its data, including exports, to train or build a competing AI model or service, or to build or offer a search engine, AI answer service or other product that competes with the AI services and search engines the data comes from; [LAWYER REVIEW: flow-down of DataForSEO ToS §7.1–7.2]
- upload content you don't have the right to use, or share links, reports or exports in a way that breaks the law or someone else's rights;
- overload the service, use bots or scripts against it other than through features we provide, or share accounts to avoid seat limits;
- use Aivting to harass, defame or mislead others, including by presenting AI answers as statements of fact by Aivting.
We may suspend use that breaks these rules (see "Suspension and termination").
Your data
- You own your content: the prompts, brands, competitors, logos and other information you put into Aivting, and your reports. AI answers shown in Aivting and included in reports and exports are third-party content (see "AI answers and accuracy"); you may use them as these terms allow.
- You give us permission to store and process your content only to run, secure and improve the service for you, and as described in our Privacy Policy. We do not sell it.
- You are responsible for having the right to put your content into Aivting.
- You can export your project data as CSV files (owners and editors) and ask us at any time to delete a project, your workspace or your account [CONFIRM: replace with "delete … in the app" when the controls ship]. After deletion or the end of your account, we delete your content within [PLACEHOLDER: 30] days, except backups, which are overwritten within [PLACEHOLDER: 30] more days.
- Files you export or download are your copies. You are responsible for keeping them secure and for any personal data in them; AI answers can name real people.
- If you are in the EU or UK and need a data processing addendum, email hello@aivting.com. [LAWYER REVIEW]
- We may use aggregated data that does not identify you or your organisation to understand and improve the service. [LAWYER REVIEW]
AI answers and accuracy
Please read this section carefully.
- AI answers are written by third parties. The answers Aivting shows are generated by AI services that we do not control. They are not our statements, and we do not check whether what they say is true.
- They change. The same prompt can get a different answer from one run to the next, and AI services change their models and sources over time. Answers we collect may also differ from what a particular person sees, for example because of their location, account or settings.
- Our numbers are estimates. Measures such as mention rate, position and share of voice are statistics based on a sample of answers. We show the number of answers each figure is based on so you can judge it.
- No guarantees of outcomes. Aivting does not change how AI services answer and does not guarantee any ranking, mention, citation, traffic or business result.
- When you share results. Reports, share links and exports show AI answers as third-party content. Don't present them as statements by Aivting or as verified facts.
- Availability of AI services. We collect answers through third-party providers. If an AI service or provider changes or blocks access, we may be unable to collect answers for that service for a time, or at all. If we permanently stop supporting an AI service included in your plan, we will tell you, and you may cancel and receive a pro-rata refund of any prepaid period. [LAWYER REVIEW; CONFIRM: owner accepts this promise.]
[LAWYER REVIEW: wording of this section.]
Our service and trademarks
Aivting, its software, design and content belong to us or our licensors. These terms give you the right to use Aivting during your subscription; they do not transfer any ownership to you. If you send us feedback or ideas, we may use them without owing you anything.
ChatGPT is a trademark of OpenAI. Google, Gemini and related marks are trademarks of Google LLC. Other product names, such as Perplexity, belong to their owners. Aivting is not affiliated with, endorsed by or sponsored by any of these companies.
Third-party services
Aivting relies on third-party services, such as hosting, sign-in, payment and data providers. Your use of Google sign-in is also subject to Google's terms. We are not responsible for third-party services we do not control, but we choose them carefully.
Availability and changes
- We work to keep Aivting available, but we do not promise it will be uninterrupted or error-free, and we do not offer a service-level agreement (SLA) unless we agree one with you in writing. Planned maintenance may cause short interruptions.
- We may improve or change features. If we remove a core feature of your plan, we will tell you in advance, and you may cancel and receive a pro-rata refund of any prepaid period. [LAWYER REVIEW]
Suspension and termination
- We may suspend or close an account that seriously or repeatedly breaks these terms, puts the service or other customers at risk, or does not pay. Where reasonable, we will warn you first and give you a chance to fix the problem.
- If we close your account without cause, we will refund any prepaid period you have not used. [LAWYER REVIEW]
- You may stop using Aivting and cancel at any time (see "Cancellation and refunds").
- Sections that by their nature should survive (such as "Your data", "Limitation of liability" and "Governing law") continue after the account ends.
Limitation of liability
[LAWYER REVIEW: whole section. Israeli Standard Contracts Law 1982 presumes unfair a clause that excludes or limits liability the supplier would otherwise have; the cap and exclusions below must be reviewed for enforceability against business customers, and for any user who may be a consumer.]
To the extent the law allows:
- Aivting is provided "as is" and "as available", without warranties beyond those stated in these terms.
- We are not liable for indirect or consequential losses, such as lost profits, revenue, goodwill or data, or for decisions you make based on AI answers or on our estimates.
- Our total liability for all claims under these terms is limited to the amount you paid us in the [PLACEHOLDER: 12] months before the event giving rise to the claim.
- Nothing in these terms limits liability for fraud, wilful misconduct, gross negligence, or anything else that cannot be limited by law.
Indemnity
[LAWYER REVIEW: now recommended, because customers upload logos and share and export data, and we indemnify DataForSEO for misuse of search-engine data (its ToS §7.2). Check enforceability under the Standard Contracts Law. Suggested: "If a third party makes a claim against us because of content you upload to Aivting (including logos), the way you share links, reports or exports, or your breach of 'Acceptable use', you will cover our reasonable costs of that claim. We will tell you about the claim promptly and let you take part in handling it."]
Governing law
[LAWYER REVIEW: choose governing law and courts. Default to discuss: the laws of the State of Israel, with the competent courts in [PLACEHOLDER: Tel Aviv-Jaffa]. Note: under the Israeli Standard Contracts Law, an exclusive jurisdiction clause that is inconvenient for the customer can be presumed unfair; US/EU business customers may push back. Consumers keep the protection of their local law.]
Changes to these terms
We may update these terms. If a change materially affects you, we will email account holders at least [PLACEHOLDER: 30] days before it takes effect. If you don't accept the change, you can cancel before it takes effect and receive a pro-rata refund of any prepaid period. Continuing to use Aivting after that date means you accept the new terms. [LAWYER REVIEW]
Contact
Questions about these terms: hello@aivting.com, or write to [LEGAL NAME], Btzier 50, Karmiel, Israel.