Terms of Service

1. Accounts

   • You must be at least 18 years old and have authority to enter into this agreement (or act on behalf of a company) to create an account.
   • You are responsible for maintaining the confidentiality of your credentials and for all activity under your account.
   • Notify us immediately at [email protected] if you suspect unauthorised access.
   • You may not share, transfer, or resell account access.

2. Free Trial and Seed Plan

   • We may offer a free Seed plan or limited free trial period at our discretion.
   • Free plans are limited in features and usage as described on our pricing page. We reserve the right to modify or discontinue free plans with 30 days' notice.
   • Upon downgrading or cancelling a paid plan, your data is retained for 90 days before deletion.
   • We do not require a credit card to access the Seed plan, but a credit card is required to activate any paid plan.

3. Subscriptions and Payment

   • Billing: Paid plans are billed monthly or annually in advance, as selected at checkout. All fees are in USD unless otherwise stated.
   • Auto-renewal: Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date.
   • Price changes: We will give you at least 30 days' written notice before increasing your subscription price. Continued use after the notice period constitutes acceptance of the new price.
   • Failed payments: If a payment fails, we will retry your payment method for up to 7 days. After that, your account may be downgraded or suspended. You remain responsible for any outstanding amounts.
   • Taxes: Prices are exclusive of applicable taxes (VAT, GST, sales tax). You are responsible for any taxes applicable to your purchase.
   • Payment processor: Payments are processed by Stripe. By purchasing, you also agree to Stripe's terms. We do not store your full card details.

4. Cancellation and Refunds

   • Cancellation: You may cancel your subscription at any time from your account settings or by emailing [email protected]. Cancellation takes effect at the end of your current billing period; you retain access until then.
   • Refunds: We offer a 30-day money-back guarantee on your first payment for any paid plan. If you are unsatisfied, contact us within 30 days of your initial charge and we will issue a full refund. After 30 days, subscription fees are non-refundable except where required by law.
   • Annual plans: If you cancel an annual subscription after 30 days, we will not refund the remaining months.

5. Acceptable Use

   You agree not to:

   • Use the Services for any unlawful purpose or in violation of any applicable law or regulation.
   • Reverse engineer, decompile, or attempt to extract source code from the platform.
   • Resell, sublicense, or otherwise make the Services available to third parties without our written consent.
   • Use the Services to generate spam, misleading content, or content that infringes third-party intellectual property rights.
   • Attempt to gain unauthorised access to our systems or disrupt the Services.
   • Scrape, crawl, or systematically extract data from the platform using automated means beyond what the API permits.

   We reserve the right to suspend or terminate accounts that violate this section without notice or refund.

6. Your Content

   • You retain ownership of all content, data, and materials you upload or create using the Services ("Your Content").
   • You grant GrackerAI a limited, non-exclusive, worldwide licence to process, store, and use Your Content solely to provide and improve the Services.
   • You represent that You Content does not infringe any third-party rights and that you have all necessary rights to grant this licence.
   • We will not share Your Content with third parties except as described in our Privacy Policy or as required by law.

7. AI-Generated Content

   • The Services use AI and large language models to generate content recommendations, articles, and other outputs ("AI Output").
   • AI Output is provided as a starting point. You are responsible for reviewing, editing, and ensuring accuracy before publishing. We do not guarantee that AI Output is accurate, complete, or suitable for any particular purpose.
   • To the extent permitted by law, you own AI Output generated using Your Content as inputs, subject to any restrictions imposed by our AI providers' terms of service.

8. Intellectual Property

   • GrackerAI and its licensors own all rights, title, and interest in the platform, software, algorithms, trade marks, and all content we create (excluding Your Content and AI Output assigned to you above).
   • Nothing in these Terms transfers any intellectual property rights to you except the limited right to use the Services as described herein.

9. Customer Logos and Testimonials

   • By using our Services, you grant GrackerAI a non-exclusive, royalty-free licence to display your company name and logo on our website and in marketing materials as a reference customer, unless you notify us in writing that you opt out.
   • If you provide a testimonial or participate in a case study, you grant us the right to reproduce and publish your quotes and name/title in marketing materials. You may withdraw consent for future use at any time by emailing [email protected].

10. Service Availability and SLA

    • We target 99.5% monthly uptime for the core monitoring dashboard, excluding scheduled maintenance.
    • We will provide at least 24 hours' advance notice of planned maintenance that affects service availability, except for emergency maintenance.
    • We do not guarantee that AI citation data is exhaustive or that all AI engines are monitored at all times. Coverage may vary as AI platforms update their APIs and interfaces.
    • We are not liable for any loss resulting from service interruptions, data inaccuracies, or delays in monitoring.

11. Confidentiality

    • Each party may disclose confidential information to the other in connection with the Services. Each party agrees to protect the other's confidential information with at least the same care it uses to protect its own.
    • Confidential information does not include information that is publicly available, independently developed, or received from a third party without restriction.

12. Disclaimers

    • THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
    • We do not warrant that the Services will be error-free, uninterrupted, or free of viruses or other harmful components.
    • AI-generated content and AI visibility data are provided for informational purposes only and do not constitute professional marketing, legal, or financial advice.

13. Limitation of Liability

    • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GRACKER AI'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM OR (B) USD $100.
    • IN NO EVENT SHALL GRACKER AI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    • Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so the above limitations may not apply to you.

14. Indemnification

    You agree to indemnify, defend, and hold harmless GrackerAI and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Your Content; (b) your use of the Services in violation of these Terms; or (c) your violation of any applicable law or third-party rights.

15. Account Suspension and Termination

    • By you: You may close your account at any time. See Section 4 for refund terms.
    • By us: We may suspend or terminate your account immediately if you: (a) materially breach these Terms, (b) fail to pay fees when due, (c) engage in fraudulent or illegal activity, or (d) pose a security risk to the platform or other users.
    • Upon termination, your right to use the Services ceases immediately. Sections relating to IP, liability, indemnification, and governing law survive termination.

16. Modifications to the Services

    • We may modify, add, or remove features from the Services at any time. For material changes that reduce core functionality, we will provide at least 30 days' notice.
    • We may discontinue the Services entirely with 90 days' written notice. In that case, we will pro-rate and refund any prepaid fees for the period after discontinuation.

17. Governing Law and Disputes

    • These Terms are governed by the laws of the State of California, USA, without regard to conflict of law principles.
    • Any dispute that cannot be resolved informally shall be submitted to binding arbitration administered by JAMS in San Francisco, California, under its Streamlined Arbitration Rules, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction.
    • You waive any right to participate in a class action lawsuit or class-wide arbitration.

18. General

    • Entire agreement: These Terms, together with our Privacy Policy and any order forms or statements of work, constitute the entire agreement between you and GrackerAI regarding the Services.
    • Severability: If any provision is found unenforceable, the remaining provisions continue in full force.
    • Waiver: Failure to enforce any right does not constitute a waiver of that right.
    • Assignment: You may not assign these Terms without our prior written consent. We may assign them in connection with a merger or acquisition.
    • Notices: Legal notices to GrackerAI must be sent to [email protected] or by post to the address below.

19. Contact Us

    • Legal: [email protected]
    • Support: [email protected]

By using GrackerAI, you acknowledge that you have read, understood, and agreed to these Terms of Service.